House of Commons Journal Volume 5: 30 May 1648

Die Martis, 30 Maii, 1648.

Prayers.

Answer from Lords.

MR. Gerard brings Answer from the Lords, That they do agree to the Ordinance for making the Earl of Warwick Lord Admiral of England; to the Order concerning the Mariners Indemnity; to the Order touching the Guards for the Parliament to be sent from the City.

London Arrears.

An Ordinance for the more effectual bringing in the Arrears in the City of London, was this Day read the First and Second time; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Sir John Danvers is appointed to carry it to the Lords.

Grant to Smith.

He likewise carried the Order for Fifty Pounds to Captain Israel Smith, that brought the News of reducing Chepstowe Castle.

Leave of Absence.

Ordered, That Sir Christofer Yelverton have Leave to go into the Country, for Recovery of his Health.

Herefford Militia.

Ordered, That Major Harley have Leave to go into the Country, to settle the Militia in the County of Herefford.

Leave of Absence.

Ordered, That Mr. Exton have Leave to go into the Country.

Plymouth Garison.

Whereas the Sum of Six thousand Pounds, for which Colonel Weldon, Governor of Plymouth, stands engaged to the Inhabitants of Plymouth, for the Billet and Quarter of the Soldiery of that Garison, is assigned to be satisfied to Colonel Weldon, out of the Excise, and charged upon the Receipts of the Excise, with Interest, after Eight Pounds per Cent. payable every Six Months: It is Ordered, That the Committee of the Army do issue out their Warrants for the Payment of the said Six thousand Pounds, out of the Assessments of the Sixty thousand Pounds per mensem, in the County of Decon, unto Colonel Weldon, to discharge the said Engagements: And that the said Six thousand Pounds, charged, as aforesaid, upon the Receipts of the Excise, with Interest, be assigned to the Army, and paid accordingly to the Treasurers at Wars.

Whitehall.

Ordered, That it be referred to Major General Skippon to consider, What is fit to be done with the Works and Ordnance at Whitehall; and, in the mean time, to place a sufficient Guard for the securing of them.

Ordered, That it be referred to Major General Skippon, to consider, What Beds are fit to be left at Whitehall: And that the rest be forthwith sent away to Windsore Castle.

Leave of Absence.

Ordered, That Lieutenant Colonel Crymes have Leave to go into the County.

Letter from Kent.

The Gentlemen of Kent are appointed to examine the Messenger that brought the Letter, pretended to be sent from divers Gentlemen of Kent; from whom, and where, he received it; and who wrote and subscribed it: And have Power to restrain the Messenger, until the House take further Order.

Berkshire Arrears.

The humble Petition of the Inhabitants of the County of Berks was this Day read; desiring to be freed from the Arrears of the British Tax, in regard of the Times when it became due, and of the great Sufferings of that County.

It is Ordered, That this Petition be referred to the Committee of the Affairs of Ireland, sitting in . . . Star Chamber; to consider, how the County may be eased, and the Contracts performed.

It is further Ordered, That the Committee have Power to consider of, and receive the Complaints, from all other Counties, of the Grievances and Oppressions, in the rigorous Levying of the British Rates; and to take some effectual Course for Redress, where there shall be Cause: And the Gentlemen of the County of Berks, of Cornwall, of the Northern, Western, and Eastern Association, are added to this Committee, as to this Business.

Aldermen in the Tower.

Ordered, That the Business concerning the Aldermen of the City of London, that are Prisoners in the Tower, and impeached by this House, be taken into Consideration on Saturday Morning next.

Answer from Lords.

Sir John Danvers brings Answer, That the Lords do agree to the Order for Fifty Pounds for Captain Israel Smith: As to the Ordinance touching the Arrears of the City of London, they will send Answer by Messengers of their own.

Message from Lords.

A Message from the Lords, by Dr. Bennett and Dr. Aylett;

The Lords have formerly sent, and pressed this House, for the Addition of a greater Number, both of Lords and Commons, to the Committee at Derby House: They have, as yet, received no Answer; and do therefore press again the Addition of a greater Number; or else they desire this House would take Notice, That the Lords that are of that Committee have made it their Request, That they may be excused from being tied to their constant Attendance there, in respect their Occasions will not permit them to be so often present there, as they conceive will be necessary for carrying on the Service of that Committee:-A Letter to be sent to the Lord General in behalf of the Earl of Rutland, for the Removal of the Garison out of his House:-A Letter from the County of Kent. They desire to put this House in mind of an Order formerly sent, touching the Sheriff of the County of Cambridge, who desires to be dispensed with for his Residence in the County.

Sheriff of Cambridge, &c.

The Order, formerly sent from the Lords, for dispensing with the Sheriff of Cambridge and Huntington for his Residence in his County, was read; and, upon the Question, passed; and was in hæc verba; viz.

WHEREAS Thomas Marsh Esquire is nominated and appointed High Sheriff of the Countries of Cambridge and Huntington, and is enjoined and required, by a certain Clause, in the Oath to be taken by him the said Thomas Marsh, for the Execution of the said Office, That he shall reside, and be dwelling, in his own proper Person, within his Bailiffwicks, for the Time that he shall be in the said Office; unless he shall be otherwise licensed by the Lords and Commons, in Parliament: Be it therefore Ordered and Ordained, by the Lords and Commons, in Parliament assembled, That the said High Sheriff shall have, and hereby hath, full and free Leave and Licence, and is permitted, to be absent from his Bailiffwicks; and to dwell and reside out of the said Counties of Cambridge and Huntington.

Dep. Lieut of Norwich.

Resolved, &c. That this House doth concur with the Lords, in nominating and appointing Christofer Barrett Deputy Mayor; Edmond Norman, Charles George Cocke, Erasmus Erle, Esquires; Thomas Astwell, William Davy, Sheriffs of the City; Robert Baron, Samuel Puckle, John Raley, John Greenewood, Aldermen of the City; Gabriel Barbor, Henry King, Gentlemen; Adrian Parmenter Esquire; Thomas Barrett Alderman; John Cory Alderman; to be Deputy Lieutenants for the City and County of Norwich.

Windsor Castle.

Mr. Annesley carried to the Lords the Order for One thousand Five hundred Pounds, for the Reparations about Windsor Castle: And was to desire them to sit awhile.

Mr. Annesley brings Answer, That the Lords do agree to the Order for One thousand Five hundred Pounds for Windsore Castle; and will sit awhile.

Derby House Committee.

Resolved, &c. That this House doth concur with the Lords, in adding the Earl of Salisbury, Earl of Denbigh, Earl of Mulgrave, Earl of Pembroke, Lord North, Lord Howard, to the Committee at Derby House.

Resolved, &c. That Major General Skippon be added to the Committee at Derby House.

Resolved, &c. That Mr. Swynfen be added to the Committee at Derby House.

Resolved, &c. That Mr. Prideaux be added to the Committee at Derby House.

Resolved, &c. That Colonel Rosseter be added to the Committee at Derby House.

Resolved, &c. That Sir Harbottle Grimston be added to the Committee at Derby House.

Resolved, &c. That Sir John Treavor be added to the Committee at Derby House.

The Question being put, For adding Sir John Danvers to the Committee at Derby House;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

Resolved, &c. That Lord Lisle be added to the Committee at Derby House.

Resolved, &c. That Lord Cranborne be added to the Committee at Derby House.

The Question was propounded, That Sir William Massam be added to the Committee at Derby House.

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

It passed with the Affirmative.

Resolved, &c. That Sir William Massam be added to the Committee at Derby House.

Resolved, &c. That Sir Richard Onslowe be added to the Committee at Derby House.

The Question was propounded, That Mr. Rous be added to the Committee at Derby House.

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

It passed with the Affirmative.

Resolved, &c. That Mr. Rous be added to the Committee at Derby House.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do concur to the Lords to be added to the Committee at Derby House; and have added a proportionable Number of their Members. They do agree, That the Sheriff of Cambridge and Huntington may reside out of his County; and to the Deputy Lieutenants for the City and County of the City of Norwick.

Preserving Peace in Essex.

Ordered, That the Gentlemen that are Members of this House of the County of Essex, be desired to go down into that County, to provide for, preserve, and settle the Peace of that County.

Sir Henry Mildmay is excused from this Service, at this time.

Preserving Peace in Wiltess.

Ordered, That Mr. James Herbert. Colonel Ludlowe, and Mr. Dove, be desired to go down into the County of Wiltess, to provide for, preserve, and settle the Peace of that County.

Person committed.

Upon the Report made by Mr. Boys, concerning the Messenger that brought the Letter pretended to come from the Gentlemen of Kent.

It is Ordered, That Josselyne Gates, Servant to Sir Anthony Aucher; the said Messenger, be committed to the Custody of the Serjeant at Arms attending on this House till further Order.

Propositions to the King.

Mr. Dodderidge reports from the Committee, the Propositions to be granted to the King, as previous to a Treaty, reduced into Form, according to the Votes late passed upon that Matter: The which were read; and, upon the Question, resolved, as followeth; viz.

1. WHEREAS both Houses of the Parliament of England have been necessitated to undertake a War, in their just and lawful Defence; and afterwards both Kingdoms of England and Scotland, joined in solemn League and Covenant, were engaged to prosecute the same: That, by Act of Parliament in each Kingdom respectively, all Oaths, Declarations, and Proclamations, heretofore had, or hereafter to be had, against both or either of the Houses of Parliament of England, the Parliament of the Kingdom of Scottland, and the late Convention of Estates in Scottland, or Committees flowing from the Parliament or Convention in Scottland, or their Ordinances and Proceedings, or against any for adhering unto them, or for doing or executing any Office, Place, or Charge, by any Authority derived from them; and all Judgments, Indictments, Outlawries, Attainders, and Inquisitions, in any the said Causes; and all Grants thereupon made or had, or to be made or had; be declared null, suppressed, and forbidden: And that this be publickly declared in all Parish Churches within his Majesty's Dominions, and all other Places needful.

2. Whereas both Kingdoms are mutually obliged, by the same Covenant, to bring the Churches of God, in the Three Kingdoms, to the nearest Conjunction, and Uniformity, in Doctrine, Worship, Discipline, and Government, according to the Word of God, and the Example of the best Reformed Churches: That the Presbyterial Government be confirmed by Act of Parliament, in such manner as both Houses of Parliament have agreed, in several Ordinances of Parliament; that is to say, &c. for the Term of Three Years, from the * of June 1648.

That it be established by Act of Parliament, That the Lords and Commons, in the Parliament of England assembled, shall, during the Space of Ten Years, from the * June 1648, arm, train, and discipline, or cause to be armed, trained, and disciplined, all the Forces of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweede, already raised, both for Sea and Land Service; and that, from time to time, during the said Space of Ten Years, shall raise, levy, arm, train, and discipline, or cause to be raised, levied, armed, trained, and disciplined, any other Forces for Land and Sea Service, in the Kingdoms, Dominions, and Places aforesaid, as in their Judgments they shall, from time to time, during the said Space of Ten Years, think fit, and appoint: And that neither the King, his Heirs or Successors, nor any other, but such as shall act by the Authority or Approbation of the said Lords and Commons, shall during the said Space of Ten Years, exercise any of the Powers aforesaid.

And the like for the Kingdom of Scottland, if the Estates of the Parliament there shall think fit.

That Monies be raised and levied for the Maintenance and Use of the said Forces, for Land Service, and of the Navy and Forces for Sea Service, in such Sort, and by such Ways and Means, as the said Lords and Commons shall, from time to time, during the said Space of Ten Years, think fit and appoint, and not otherwise: And that all the said Forces, both for Land and Sea Service, so raised or levied, or to be raised or levied, and also the Admiralty and Navy, shall, from time to time, during the said Space of Ten Years, be employed, managed, ordered, and disposed, by the said Lords and Commons, in such Sort, and by such Ways and Means, as they shall think fit, and not otherwise.

And the said Lords and Commons, during the said Space of Ten Years, shall have Power,

1. To suppress all Forces raised, or to be raised, without Authority and Consent of the said Lords and Commons, to the Disturbance of the publick Peace of the Kingdoms of England and Ireland, and Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweede, or any of them;

2. To suppress any Foreign Forces, who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Guernsey and Jersey, and the Town of Berwicke upon Tweede, or any of them;

3. To conjoin such Forces of the Kingdom of England with the Forces of the Kingdom of Scottland, as the said Lords and Commons shall, from time to time, during the said Space of Ten Years, judge fit and necessary, to resist all Foreign Invasions, and to suppress any Forces raised, or to be raised, against or within either of the said Kingdoms, to the Disturbance of the publick Peace of the said Kingdoms, or any of them, by any Authority of the Great Seal, or other Warrant whatsoever, without Consent of the said Lords and Commons of the Parliament of England, and the Parliament, or the Estates of the Parliament, of Scottland respectively: And that no Forces of either Kingdom shall go into, or continue in, the other Kingdom, without the Advice and Desire of the said Lords and Commons of the Parliament of England, and the Parliament of

Propositions to the King.

the Kingdom of Scottland, or such as shall be by them appointed for that Purpose.

Provided that, during the said Space of Ten Years, nothing herein before contained shall extend to the taking away of the ordinary legal Power of Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other Officers of Justice, not being Military Officers, concerning the Administration of Justice: So as neither the said Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, and other Officers, or any of them, do levy, conduct, employ, or command any Forces whatsoever, by Colour or Pretence of any Commission of Array, or extraordinary Command, from his Majesty, his Heirs, or Successors, without the Consent of the said Lords and Commons.

And if any Persons, during the said Space of Ten Years, shall be gathered, and assembled together, in warlike manner, or otherwise, to the Number of Thirty Persons, and shall not forthwith disband, or disperse themselves, being required thereto by the said Lords and Commons, or Command from them, or any by them especially authorized for that Purpose; then such Person and Persons, not so disbanding, or dispersing themselves, shall be guilty, and incur the Pains of High Treason; being first declared guilty of such Offence by the said Lords and Commons; any Commission under the Great Seal, or other Warrant, to the contrary notwithstanding:

And he or they that shall offend herein, to be incapable of any Pardon from his Majesty, his Heirs, or Successors: and their Estates shall be disposed, as the said Lords and Commons shall think fit, and not otherwise.

Provided that the City of London shall have and enjoy all their Rights, Liberties, and Franchises, Customs, and Usages, in the raising and employing the Forces of that City, for the Defence thereof, in as full and ample manner, to all Intents and Purposes, as they have, or might have, used or enjoyed the same, at any time, before the Making of the said Act or Proposition.

And, after your Majesty's Assent given to the Three Propositions now tendered to your Majesty, and to such Acts of Parliament as shall be offered by both Houses, for Confirmation thereof; then both Houses of Parliament will treat with your Majesty concerning the future Settlement of the Government of the Church, the Settlement of the Militia, and upon the rest of the Propositions formerly tendered to your Majesty at Hampton Court (fn. 1).

Resolved, &c. That the Houses of the Parliament of England do desire, That such Propositions as shall be fit and necessary for the Kingdom of Scotland, may be prepared, to be sent to his Majesty, with all convenient Speed.

The Lords Concurrence to be desired herein.

Ordered, That Mr. Swinfen do, on Monday Morning next, report the Ordinance for the perfecting the Ordinance concerning the Government, and Matters of the Church.