Journal of the House of Commons: Volume 6, 1648-1651. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Lunæ, 19 Martii, 1648.
THE Question being propounded, That the Power of the Committee of Lords and Commons, for Appeals upon Sequestrations, be repealed.
The House was divided.
The Noes went forth.
|Sir John Bourchier,||Tellers for the Noes:||20.|
|Sir William Masham,||With the Noes,|
|Sir Arthur Heslerigg,||Tellers for the Yeas:||26.|
|Colonel Fenwick,||With the Yeas,|
So the Question passed with the Affirmative.
And the main Question being put;
Resolved, &c. That the Power of the Committee of Lords and Commons for Appeals, upon Sequestrations, be repealed.
Sir Arthur Heslerigg, Mr. Trenchard, Mr. Love, Mr. Scott, Mr. Whitlock, Mr. Humphry Edwards, Sir Wm. Armyn, Mr. Garland, Mr. Lister, Mr. Pury, Mr. Martyn, Mr. Gurdon, Mr. Robinson, Colonel Fenwick, Mr. Tho. Challenor, Mr. Goodwyn, Sir Henry Myldmay, Mr. Prydeaux, Colonel Jones, Sir Wm. Masham, Alderman Wilson, Colonel Venn, Mr. Salway, Mr. Cawley, Mr. James Challenor, Mr. Lysle, Sir Gregory Norton, Sir John Bourchier;
This Committee are to consider of the best Way for regulating the Business of Appeals in Sequestrations; that Justice may be done; and to report the same to the House: And the same Committee have Power to present an Act to the House, for putting of all Matters, as well of Property of Meum & Tuum, as Criminal Causes, into the proper Chanel and Course of Justice respectively: And Mr. Whitlock and Mr. Garland are to take especial Care hereof: And all that will come to have Voices: And this Committee are to meet in the Exchequer Chamber, at Two of the Clock this Afternoon.
Colonel Wauton reports from the Council of State, the Order of the Council, touching the Regulating of the Navy.
Ordered, That, it be re-committed to the Council of State, to take the said Report into further Consideration.
Ordered, That it be referred to the Common Council of the City of London, to take into Consideration, as well by looking into their old Stocks, as otherwise, What Way the Poor may be provided both with Corn and Coal; and speedily present their Opinions to the House.
The especial Care of this Business is commended to Mr. Alderman Penington.
Ordered, That Mr. Alderman Pennington do report the additional Ordinance for the Poor on Wednesday next.
Ordered, That the Justices of the Peace in the several Counties of England and Wales be required to take care; as well to put the Laws against Ingrossing in Execution; and also that the Stocks of every Parish be so supplied, as the Poor in the several Parishes may be relieved with Corn, and other Necessaries: And the Members of the House are to take care to send this Order into the several Counties.
Brey's Petition against Gen. Fairfax.
The House being informed of a Petition of Captain William Brey in Print, delivered to divers Members; and that the Petitioner was at the Door;
He was called in: And, being come to the Bar, Mr. Speaker read to him the Title of the Book in Print, intituled, "To the Right honourable the Supreme Authority of this Nation, the Commons assembled in Parliament, An Appeal, in the humble Claim of Justice, against Thomas Lord Fairefax, General of the English Army raised, and declared to be raised, for the Propagation and Defence of impartial Justice, and just Liberty, in the Nation; by Captain Wm. Bray; for and on the Behalf of himself, and all the Officers and Soldiers, and other the free People of this Nation, that are for Righteousness, Settlement, and Peace;" and demanded him, Whether this be his Book, or not; and whether it be an Appeal of all those in whose Name it is made.
He made Answer, It is his Book: But it was done without the Consent or Knowledge of any of the Soldiery, or People, on their Behalf; and doubted not, that they would justify, and engage for it.
Being again called in, Mr. Speaker, by Direction of the House, required him to declare his Reasons, Why he did it; and by whose Licence it was printed.
He made Answer, That although it be a declared Principle by the Army, that it is contrary to the Privilege of the Nation, to answer to any Interrogatories at all; but he having formerly prepared an Appeal, which he laid aside, expecting the Proceedings of the Army would have been according to Justice and Equity, he engaged himself freely for the Publick, and for Execution of Justice: But finding himself to be dealt with as he hath remonstrated, and the Case being thus, he appealed to this Supreme Authority; wherein he expects Relief according to Justice and Righteousness; and shall sit down in such Sentence And faith, It was printed by the Authority of Reason and Justice; which is declared to be Supreme to all Men.
Being demanded, By whose Commission he was made a Captain; he answered, By the General's Commission, in Colonel Lilborne's Regiment, in one Case remonstrated in the Petition; and, in another Case, by the Committee of Kent; but that he had not the Punctilio of a Commission in the last Business: But his Engagement with Colonel Reynolds for Maintenance of Truth and Righteousness, far above any Punctilio of a Commission, according to right Reason, Justice, and Righteousness.
Resolved, &c. That this Book intituled, "An Appeal, in the humble Claim of Justice, against the Lord Fairefax, General of the English Army, &c. by Captain William Bray," and by him published, is scandalous as to the General, and Council of War; and tending to stir up Sedition in the People, and Mutiny in the Army.
Resolved, &c. That the said Captain William Brey do stand committed to the Castle of Windsor, during the Pleasure of the House.
Ordered, That a Warrant do issue to the Serjeant at Arms, to take the said Captain William Brey into his Custody, and send him to Windsor.
Preventing dangerous Meetings.
Ordered, That it be especially recommended to the Council of State, to take present Care to prevent such Meetings as may be dangerous and prejudicial to the Safety of the Commonwealth.
Ordered, That Letters be written, to be signed by Mr. Speaker, and sent to all the Justices of the Peace in the several Counties, to take a special Care to put the Laws in Execution for Relief of the Poor in their several Divisions: And that they keep their Monthly Meetings, in order thereunto: And that the same be published at the next Quarter Sessions. And the Lords Commissioners for the Great Seal are desired to prepare a Letter for that Purpose.
An Act for settling the Militia in the City of Westminster, &c. was this Day read the Third time; and, upon the Question, passed.
Ordered, That the Act for settling the Militia of the Hamlets be read on Friday next.
Abolishing House of Peers.
An Act for abolishing the House of Peers was this Day read the Third time:
And some Omission and Amendment offered at the Table; after the said Amendment and Omission, the said Act was, upon the Question, so amended, and assented unto, passed, and ordered to be forthwith printed and published.
Records, &c. of Peers.
An Act touching the Acts, Records, &c. of the late House of Peers; and annexing the House now in the Possession of John Browne Esquire, and by him enjoyed, as Clerk of the late House of Peers, to the Clerk of the Parliament; was read the First and Second time; and, upon the Question, committed to Mr. Martyn, Mr. Scott, Mr. Garland, Mr. Leman, Mr. Say, Sir Wm. Masham, Mr. Holland, Mr. Corbett, Mr. Clement, Colonel Venn, Mr. Challener, Colonel Jones, Sir John Bourcher, Mr. Love, Mr. Fielder, Mr. Lister, Sir Gregory Norton: with Power to consider of a fit and convenient Place for keeping and securing the Records of both Houses; and also, What Interest Mr. Browne hath in the said House; and to treat with him, or any other Person, touching the same, or any other House for that Purpose: And this Committee are to meet To-morrow at Two of the Clock in the Afternoon, in the Queen's Court; and so de die in diem. And the especial Care hereof is referred to Mr. Garland.
Preventing printing the Alcaron.
The humble Petition of Colonel Anthony Weldon, touching the Turkish Alcaron, informing the same to be now in the Press, was this Day read.
Ordered, That a Warrant be signed to the Serjeant at Arms attending this House, together with an Officer of the Guards, and other Soldiers, as they shall think fit, together with Colonel Anthony Weldon, forthwith to go and make Search for the Press, where the Turkish Alcaron is informed to be now printing; and to seize the said Press and Papers, if there be any such; and apprehend the Printer, and bring him in Custody: And the further Consideration of the Business is referred to the Council of State.
The House being informed, that there were some Gentlemen at the Door;
They were called in: and presented a Petition.
Which, after the Petitioners were withdrawn, was read; and was intituled, "The humble Petition of many of the Well-affected in the County of Leicester, in Behalf of Themselves and the Nation."
And thereupon the Petitioners were again called in: And Mr. Speaker returned them this Answer;
Gentlemen, You, of the County of Leicester; The House has read your Petition; and I shall, as near as I can, declare their Sense: The House doth take notice of the Modesty and Discretion of the Petition, and the Petitioners, in the Way of delivering it, and the Expressions in it. The House doth likewise take notice of some Things out of the Petition: And that is, concerning your County; whose Readiness to the Service of the Publick the last Summer, wherein you did great and acceptable Service to the Commonwealth . . . . .: And for these, and your good Affections always to the Publick, the House hath commanded me to return you hearty Thanks: And I do, in their Names, return you hearty Thanks. For the Particulars in the Petition, some of them are of great Weight and Consequence; fit for You to present, and for Them to take Consideration of: Some of which, as taking off Free Quarters and others, are already in a Way of Settlement: And the whole House is zealous to give You, and the whole Kingdom, Satisfaction therein. For the rest of the Particulars, they doubt not but you will leave it to them, as the urgent and important Affairs of the Kingdom will admit, to take the same into Consideration; and doubt not but to do it so as the Kingdom may receive Satisfaction and Safety.
Ordered, That the said Petition be referred to the same Committee to whom Petitions of that Nature were formerly referred.
Ordered, That it be referred to Mr. Whitlock, Mr. Prydeaux, and Mr. Garland, forthwith to prepare and bring in an Act to prevent avoiding Judgments by reason of Error in Matter of Form, in any Cause, after Verdict given.
Ordered, That it be referred to the Committee of the Revenue, to provide Money for the Altering of the Mace: And that the said Committee do pay such Sum of Money unto such Person or Persons as the Committee to whom it is referred to alter the Mace have contracted with to alter the same, as shall be agreed between them to be paid for the same.
Ordered, That it be referred to the Committee of the Revenue, to audite and state the Accompts of Captain Blackwell touching Disbursements about the High Court of Justice, both for the Tryal of the late King; and also of the High Court of Justice for Tryal of the Earl of Cambridge, &c.; and to make Payment of what remains unpaid, in Discharge of the Debt upon the said Accompts: And that they take care the same be forthwith done.
Payment of Guards.
Ordered, That the Committee of Revenue do take care for payment of the Guards who had the Custody of the Earl of Cambridge, and others, according to their former Allowances.
Ordered, That Colonel Beecher be specially recommended to the General, to take him into Consideration for some fit Employment.
Colonel Wauton reports from the Council of State, That the Committee of Merchants for Regulating the Navy may be desired and ordered from henceforth to leave the Management of the Navy to the Committee of the Navy, as formerly; and pursue the Regulating of the Customs.
Resolved, &c. That this House doth concur with the Council of State herein.
Ordered, That, the Commissioners that command as Admirals of the Fleet, have Power to employ such ShipCarpenters, Artificers, and other Workmen, as they shall think fit, for the Furtherance of the Service of those that signed the Petition.
Ordered, That the Debate upon the Report from the Committee touching Delinquents, be taken up on Wednesday, the first Business.