House of Commons Journal Volume 4: 1 December 1645

Die Lunæ, primo Decembris, 1645.

Prayers.

SIR Thomas Widdrington proceeded in the Report, according to former Order, of Propositions to be sent to his Majesty for a safe and well-grounded Peace.

Resolved, &c. That the Eighth and Ninth, now the Ninth and Tenth Qualifications, with the Amendments thereof, now reported, be re-committed, upon the whole Matter of the Debate this Day in the House, to the Grand Committee.

Resolved, &c. That the Persons and Estates of all common Soldiers, and others, of the Kingdom of England, who in Lands and Goods be not worth Two hundred Pounds Sterling; and the Persons and Estates of all common Soldiers, and other, of the Kingdom of Scotland, who in Lands or Goods be not worth One hundred Pounds Sterling; be at Liberty, and discharged.

This Proposition to stand, as to the English; and as to the Scotts likewise, if the Parliament of Scotland, or their Commissioners, shall so think fit.

Resolved, &c. That the Five-and-twentieth Day of March next shall be the Day limited for the Persons to come in that are comprised within the former Qualification.

Resolved, &c. That an Act be passed, 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 Confiscation and Proportions before mentioned may be levied and applied to the Discharge of the said Engagements.

Resolved, &c. That the Fifteenth, Sixteenth, and Seventeenth Propositions, now the Sixteenth, Seventeenth, and Eighteenth, shall stand as they are now altered, and reported from the Committee; viz. "That both Houses of Parliament shall 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 Garnsey and Jarnesey, and the Town of Barwick upon Tweed, already raised, both for Sea and Land Service; and shall, from time to time, raise, levy, arm, train, and discipline, or cause to be levied, armed, trained, and disciplined, any other Forces for Land and Sea Service, as in their Judgments they shall, from time to time,..... fit and appoint."

"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 both Houses of Parliament shall, from time to time, think fit and appoint, and not otherwise."

"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 be, from time to time, employed, managed, ordered, and disposed,.. both Houses of Parliament, in such Sort, and by such Ways and Means, as they shall think fit and appoint, and not otherwise."

"To suppress all Forces raised, or to be raised, without Authority and Consent of both Houses of Parliament, to the Disturbance of the publick Peace of the Kingdom of England and Ireland, Dominion of Wales, the Isles of Garnesey and Jarnesey, and the Town of Barwick upon Tweed, or any of them."

"To suppress any foreign Forces who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Garnesey and Jarnsey, and the Town of Barwick upon Tweed, or any of them."

"And that it shall be High-Treason in any Person or Persons who shall levy, conduct, or command, any Forces, without such Authority or Consent, to the Disturbance of the publick Peace of the said Kingdoms; any Commissions under the Great Seal, or other Warrant, to the contrary, notwithstanding: And he or they to be incapable of any Pardon from his Majesty: And their Estates shall be disposed as both Houses of Parliament shall think fit, and not otherwise."

"To conjoin such Forces of the Kingdom of England, with the Forces of the Kingdom of Scotland, as the said Houses of Parliament shall, from time to time, 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 under the Great Seal, or other Warrant whatsoever, without Consent of both Houses of Parliament of England, and the Parliament, or the Estates of the Parliament of Scotland, respectively."

Resolved, &c. That a Bill be brought in upon these Propositions: Mr. Thorpe, Mr. Wastall, Mr. Sollicitor, Sir Thomas Widdrington, or any Two of them, to prepare this Bill: And the Care hereof is especially referred to Mr. Thorpe.

Resolved, &c. That the Eighteenth, now Nineteenth, Proposition shall stand; viz. "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."

Resolved, &c. That the Nineteenth, now Twentieth, Proposition shall stand; viz.

"Resolved, &c. That, by Act of Parliament, all Peers, made since the Day that Edward Lord Littleton, then Lord Keeper of the Great Seal, deserted the Parliament, and that the said Great Seal was surreptitiously conveyed away from the Parliament, being the One-and-twentieth Day of May 1642, and who shall be hereafter made, shall not sit or vote in the Parliament of England, without the Consent of both Houses of Parliament, since the Twentieth Day of May 1642, being the Day that both Houses declared, That the King, seduced by evil Counsel, intended to raise War against the Parliament, be declared null and void."

"The like for the Kingdom of Scotland; those being excepted, whose Patents were passed the Great Seal before the Fourth of June 1644."

Resolved, &c. That this for Scotland shall stand, if the Parliament of Scotland, or their Commissioners, shall so think fit.

Resolved, &c. That an Act be passed in the Parliament of both Kingdoms, respectively, for establishing the joint Declaration of both Kingdoms, bearing Date the Thirtieth of January 1643 in England, and 1644 in Scotland; with the Qualifications ensuing.

Resolved, &c. That the Twentieth, now the One-andtwentieth, Proposition do stand in this Manner; viz. "That the Deputy, or Chief Governor, or other Governors, of Ireland, and the Presidents of the several Provinces of that Kingdom, be nominated by both Houses of the Parliament of England; or, in the Intervals of Parliament, by such Committees of both Houses of Parliament, as both Houses of the Parliament of England shall nominate and appoint for that Purpose: And that the Chancellor or Lord Keeper, Lord Treasurer, Commissioners of the Great Seal or Treasury, Lord Warden of the CinquePorts, Chancellor of the Exchequer and Duchy, Secretaries of State, Judges of both Benches, and of the Exchequer of the Kingdoms of England and Ireland, and the Vice-Treasurer and Treasurers at Wars of the Kingdom of Ireland, be nominated by both Houses of the Parliament of England, to continue quam diu se bene gesserint; and, in the Intervals of Parliaments, by the afore-mentioned Committees, to be approved or disallowed by both Houses at their next Sitting."

Resolved, &c. That the One-and-twentieth, now the Two-and-twentieth, Proposition shall stand thus; viz. "That the Education of your Majesty's Children, and the Children of your Heirs and Successors, be in the true Protestant Religion; and that their Tutors and Governors be of known Integrity; and be chosen by the Parliaments of both Kingdoms; or, in the Intervals of Parliaments, by Committees of the Parliaments of both Kingdoms, to be nominated and appointed by the Parliament of both Kingdoms; to be approved or disallowed by both Parliaments at their next Sitting; and that they be married to such only as are of the true Protestant Religion: And that they be not married without Consent of both Parliaments."

The Two-and-twentieth, now Three-and-twentieth Proposition, and the Proviso, reported by the Committee, to be added thereunto, concerning the excluding Prince Edward, and his Children, were read.

And the Question being put, Whether the Proviso concerning Prince Edward should be added;

It passed with the Negative.

It is further Resolved, That these Words, "or the Children of either of them," be left out of the said Proposition.

And then the Proposition was resolved thus; viz.

"That your Majesty will give your Royal Assent to such Ways and Means as the Parliaments of both Kingdoms shall think sitting, for the Uniting of the Protestant Princes, and for the entire Restitution and Re-establishment of Charles Lodowick Prince Elector Palatine, his Heirs and Successors, to his Electoral Dignity, Rights, and Dominions. Provided that this extend not to Prince Rupert, or Prince Maurice, who have been the Instruments of so much Bloodshed and Mischief against both Kingdoms."

Resolved, &c. That the Three-and-twentieth, now Fourand-twentieth Proposition, as it was altered and reported from the Committee, be re-committed to the Grand Committee.

Resolved, &c. That the Four-and-twentieth, now the Fiveand-twentieth, Proposition do stand as formerly; viz. "That an Act of Oblivion be passed in the Parliaments of both Kingdoms respectively, relative to the Qualifications in the Proposition aforesaid, concerning the joint Declaration of both Kingdoms, with the Exception of all Murderers, Thieves, and other Offenders, not having relation to the War."

Resolved, &c. That the Five-and-twentieth, now the Sixand-twentieth, Proposition do stand as formerly; viz. "That the Members of both Houses of Parliament, or others, who have, during this Parliament, been put out of any Place or Office, Pension or Benefit, for adhering to the Parliament, may either be restored thereunto, or otherwise have Recompence for the same; upon the humble Desire of both Houses of Parliament."

The like for the Kingdom of Scotland; if the Parliament of Scotland, or their Commissioners, shall think sit.

Resolved, &c. That the Six-and-twentieth, now the Seven-and-twentieth, Proposition do stand as formerly; viz. "That the Armies may be disbanded at such Time, and in such Manner, as shall be agreed upon by the Parliament of both Kingdoms, or such as shall be authorized by them to that Effect."

Resolved, &c. That the First Proposition concerning the City of London, and for Confirmation of their Charter, shall stand as formerly; viz. "That an Act be passed for the Granting and Confirming of the Charters, Customs, Liberties, and Franchises, of the City of London, notwithstanding any Nonuser, Misuser, or Abuser."

Ordered, &c. That the Propositions already voted and expedited, be prepared to be sent to the Lords To-morrow, at a Conference.

Resolved, &c. That an Estate in Lands, of the Value of Five thousand Pounds per Annum, be bestowed, granted, and settled upon Sir Thomas Fairfax General, and his Heirs, for ever, in Fee-Simple; in Acknowledgment of his many great and faithful Services to the Kingdom.

Sir William Constable, Mr. Ellys, Colonel White, Sir Thomas Widdrington, Mr. Samuel Browne, Sir William Strickland, Mr. Prideaux, Sir Henry Vane junior, Sir Robert Harley, Mr. Sollicitor, and Sir Arthur Heselrige, are appointed to be a Committee, to consider, How such an Estate may be settled upon him, accordingly; and to bring in an Expedient to the House for the same.

Resolved, &c. That the Titles and Dignities of a Baron and of an Earl of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Titles and Dignities belonging or appertaining, be conferred and settled upon Ferdinando Lord Fairfax, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Titles and Dignities upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a sit Way and Manner for the Perfecting hereof.

Resolved, &c. That an Estate in Lands, of the Value of Two thousand Five hundred Pounds per Annum, in FeeSimple, be bestowed, granted, and settled upon Lieutenant-General Crumwell, and his Heirs, for ever; in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee, to consider of a sit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Baron of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Sir Thomas Fairefaxe, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Baron of the Kingdom of England, with all Rights, Privileges, Pre-eminencies, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Sir Wm. Waller, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That an Estate in Lands, to the Value of Two thousand Five hundred Pounds per Annum, be bestowed, granted, and settled upon Sir Wm. Waller, and his Heirs, for ever, in Fee-Simple; in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Baron of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Lieutenant-General Oliver Crumwell, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That an Estate in Lands, of the Value of Two thousand Pounds per Annum, be bestowed, granted, and settled, upon Sir Arthur Haselrigg, and his Heirs for ever, in Fee-Simple, in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee, to consider, How such an Estate may be settled upon him accordingly; and to bring in an Estimate to the House for the same.

Resolved, &c. That the Title and Dignity of a Duke of England, with all Rights, Privileges, Pre-eminences, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Robert Earl of Essex, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a sit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Duke of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Algernon Earl of Northumberland, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Duke of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Robert Earl of Warwicke, to descend upon his Grandchild, and upon the Heirs of his Grandchild; with a Clause of Exception, That it may not descend upon the Lord Rich, his now eldest Son: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of a Duke of England, with all Rights, Privileges, Pre-eminences, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Philip Earl of Pembroke and Mountgomery, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And, that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That such Monies as are, or shall be, due to the State, by the Earl of Pembroke, for or by reason of the Wardship of the Coheirs of the Lord Viscount Bayning, or for any Fine, Rent, or Composition, made for the same, be discharged and acquitted, in respect of his extraordinary Losses, sustained for adhering to the Parliament: And it is referred to the former Committee, to bring in an Ordinance to this Purpose.

Resolved, &c. That an Estate in Lands, to the Value of Two thousand Pounds per Annum, be bestowed, granted, and settled upon Sir Philip Stapleton, and his Heirs for ever, in Fee-Simple, in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee to consider, How such an Estate may be settled upon him accordingly; and to bring in an Estimate to the House for the same.

Resolved, &c. That the Title and Dignity of a Marquis of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred upon Edward Earl of Manchester, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Ordered, &c. That the Four Earls, now named to be made Dukes, and the Earl of Manchester to be made a Marquis, be referred to the former Committee; to consider of some Means for Support of their Honours.

Resolved, &c. That the Title and Dignity of an English Viscount, with all Rights, Privileges, Pre-eminences, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred upon Denzell Holles Esquire, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That an Estate in Lands, to the Value of Fifteen hundred Pounds per Annum, be bestowed, granted, and settled upon Sir Wm. Brereton, and his Heirs for ever, in Fee-Simple, in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee, to consider, How such an Estate may be settled upon him accordingly; and to bring in an Estimate to the House for the same.

Resolved, &c. That the Title and Dignity of an Earl of the Kingdom of England, with all Rights, Privileges, Pre-eminences, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred upon John Lord Roberts, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of an English Earl, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Wm. Lord Viscount Say and Seale, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of an English Earl, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Philip Lord Wharton, and to the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the perfecting hereof.

Resolved, &c. That the Title and Dignity of an English Marquis, with all Rights, Privileges, Pre-eminences, and Precedencies, to the said Title and Dignity belonging or appertaining, be conferred and settled upon William Earl of Salisbury, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the perfecting......

Resolved, &c. That the Title and Dignity of an Earl of the Kingdom of England, with all Rights, Privileges, Pre-eminencies, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Francis Lord Willoughby of Parham, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That the Title and Dignity of an English Baron, with all Rights, Privileges, Pre-eminences, and Precedences, to the said Title and Dignity belonging or appertaining, be conferred and settled upon Sir Henry Vane. senior, Knight, and the Heirs Males of his Body: And that his Majesty be desired, in these Propositions, to grant and confer the said Title and Dignity upon him, and the Heirs Males of his Body, accordingly: And that it be referred to the former Committee, to consider of a fit Way and Manner for the Perfecting hereof.

Resolved, &c. That an Estate in Lands, to the Value of One thousand Pounds per Annum, be bestowed, granted, and settled upon Serjeant-Major-General Philip Skippon, and his Heirs for ever, in Fee-Simple, in Acknowledgment of his many great and faithful Services to the Kingdom: And that it be referred to the former Committee, to consider, How such an Estate may be settled upon him accordingly; and to bring in an Estimate to the House for the same.

Resolved, &c. That the Persons now named to be created Dukes, Marquises, Earls, Viscounts, or Barons, shall inherit the said respective Titles and Dignities, in the same Priority and Precedency, according to those respective Titles of Dignity, or other Precedencies, which they now hold.

It is Ordered and Declared, That the Lands and Estates this Day conferred, except that Estate conferred upon Sir Thomas Fairefaxe, shall not inure to the Persons they are conferred upon, until the Publick Debts and Engagements of the Kingdom be first satisfied.

Resolved, &c. That this House doth declare, That it shall be an acceptable Service for any Person, or Persons, to inform this House of any Member or Members of this House, that by himself, or others, directly, or indirectly, hath taken or received any Money, or other Thing, of any Person or Persons, for any Matter or Thing depending in this House, or any Committee of this House, since the Beginning of this Parliament. And the House hath appointed a Committee to receive any such Informations: Who are to sit in the Exchequer-Chamber, upon Thursday next, in the Afternoon, and so from time to time: And the Members of this House are hereby injoined, if any of them know of any such Thing so taken, in manner as aforesaid, by any other of the Members, That they do repair to the said Committee; and inform them of the same.

Sir John Danvers, Mr. Westrowe, Mr. Boyse, Sir John Temple, Sir Gregory Norton, Mr. Brewester, Mr. Barrow, Colonel White, Mr. West, Sir Charles Egerton, Sir John Evelyn, Sir William Strickland, Mr. Hill, Mr. Bond, Mr. Hoyle, Mr. Millington, Mr. Gourdon, Mr. Ashhurst, Mr. Stapleton, Mr. Leamon, Mr. Scott, Mr. Sallway junior, Sir Henry Heyman, Mr. Snelling, Sir John Burgoyne, Mr. Bisse, Mr. Leigh, Mr. Reynolds, Mr. John Goodwyn;

This Committee is to receive all the Informations that shall be given, of any Member or Members of this House, that by himself, or any other, directly or indirectly, hath taken or received any Monies, or other Thing, of any Person or Persons, for any thing depending in the House, since this Parliament: And they are to meet on Thursday next, at Two post meridiem, in the Exchequer-Chamber; and so every Thursday: And have Power to send for Parties, Witnesses, Papers, Records, &c.

Ordered, &c. That the House be resolved into a Grand Committee on Thursday Morning next, and so upon every Thursday Morning weekly; to take into Consideration the Matter of the Privilege of Parliament, concerning Debts or Engagements by Members of Parliament; the Abuses in Courts of Equity and Justice; the arbitrary Powers exercised by any Committees of Either of the Houses of Parliament, and in the respective Counties; and, Whether any Member of this House do hold any Office, Military or Civil, contrary to the Ordinance for Disabling of the Members to hold Offices.

Ordered, &c. That the Business concerning Ireland be taken into Consideration, the first Business, on Saturday Morning, peremptorily: And that Mr. Speaker do put the House in mind hereof.

Ordered, &c. That, To-morrow, the House do sit in the Afternoon, to receive the Reports upon Petitions, from the Committee where Mr. Goodwyn hath the Chair.

Ordered, &c. That the Reports, to be made from the Sub-Committee for Propositions, be made To-morrow: And that the Grand Committee do sit for that Purpose.