House of Commons Journal Volume 4: 3 June 1646

Die Mercurii, 3 Junii, 1646.

Prayers.

ORdered, That Sir Thomas Middleton shall have Leave to go into the Country.

Ordered, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to consider whether it be fitting to slight the Garison of Montgomery-Castle, or to continue it a Garison: And, if they shall think fit to continue it a Garison, that then they consider of Colonel Pope, recommended to this House, to be Governor.

Two Letters from the General, one of 26 Maii, another of 27 Maii, concerning Pay to be sent to the Forces of Henley and Abingdon, employed upon the Blocking up of Wallingford-Castle, were this Day read.

Ordered, That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to consider of the Garisons in the County of Salop, and of the several Garisons in the several Parts of the Kingdom; and which of the said Garisons are fit to be slighted, and what are fit to be continued; and to report their Opinions thereupon to the House with all convenient Speed.

Resolved, &c. That the Sum of One thousand Pounds be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same, to be employed for the Pay of the Forces belonging to the Garison of Henley, upon Account and Muster: And that it be referred to the Committee of the Three Counties, to take care of the Payment thereof accordingly.

Resolved, &c. That the Sum of Two thousand Pounds be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same, to be employed for the Pay of the Forces belonging to the Garisons of Abingdon and Redding, upon Account and Muster: And that it be referred to the Committee of the Three Counties, to take care of the Payment thereof accordingly: And Mr. Ball is to bring in the Ordinances for the Charging and Payment of the said Sums of One thousand and Two thousand Pounds, out of the Receipts of the said Excise.

Ordered, That Mr. Whitelock do go down into the Country, to take the Care of the Slighting of the Garison of Henley and Fillis-Court.

Resolved, &c. That the Concurrence of the Lords be desired in the Vote of the Eighteenth Day of May last, concerning the nominating and appointing the present Commissioners of the Excise to be Commissioners during the Time of Continuance of the Ordinance for the Excise, according to such Instructions as are or shall be given by both Houses of Parliament.

Sir Nevill Poole is appointed to carry it to the Lords for their Concurrence.

And carried the same to the Lords accordingly.

Resolved, &c. That Sir Henry Vane and Mr. Samuel Browne be added to the Committee of Lords and Commons for the Excise, in the places of Sir Christopher Wray and Mr. Spurstowe, formerly of that Committee, and since deceased.

And it is Ordered, That the Names of this Committee be set up upon the Post: And that the Committee do meet this Afternoon at Two of the Clock, upon the Business appointed for this Day: And that thenceforward the Committee do meet every Monday and Thursday, at Two of the Clock in the Afternoon, in the StarChamber.

Sir Nevill Poole brings Answer from the Lords, That they do agree to the Order for appointing the Commissioners of Excise to manage the Excise.

Mr. Samuel Browne reports the Amendments to the Ordinance concerning further Power touching the Keeping of scandalous Persons from the Sacrament of the Lord's Supper: The which were twice read; and, upon the Question, assented unto.

And the Ordinance, so amended, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

THE Lords and Commons, in Parliament, holding their former Resolution, That all notorious and scandalous Offenders shall be kept from the Sacrament, have thought fit to make a further Addition to the scandalous Offences, formerly enumerated, for which Men shall be kept from the Sacrament: And, left the Stay of the Enumeration, and the not Naming of Commissioners to judge of Cases not enumerated, should hinder the putting in Execution the Presbyterian Governmentalready established, they have thought fit, that, in regard that divers Persons, fit to be Commissioners, according to the last Ordinance of 14 Martii 1645, by reason of the present Distractions, are absent from their Habitations, and so cannot do the Service therein which otherwise they might do, they do therefore Ordain, That, instead and place of Commissioners in the said Ordinance, Thomas Earl of Arundell and Surry, Algernon Earl of Northumberland, Henry Earl of Kent, John Earl of Rutland, Philip Earl of Pembroke and Mountgomery, Robert Earl of Essex, Theophilus Earl of Lincolne, Charles Earl of Nottingham, James Earl of Suffolke, William Earl of Salisburie, John Earl of Bridgwater, Basil Earl of Denbigh, James Earl of Middlesex, Oliver Earl of Bollingbrooke, Edward Earl of Manchester, Edmund Earl of Mulgrave, Henry Earl of Stamford, William Lord Viscount Say and Seale, George Lord Berkley, * Lord Dacres, Philip Lord Wharton, Francis Lord Willoughby of Parham, Dudley Lord North, * Lord Hunsdon, Philip Lord Stanhopp, * Lord Mountague, William Lord Grey of Warke, John Lord Roberts, * Lord Maynard, Edward Lord Howard of Escrig, Richard Lord Herbert of Cherberry, * Lord Bruce, Francis Rouse Esquire, Edmund Prideaux Esquire, Sir Henry Vane Knight senior, John Glyn Esquire Recorder of London, Sir Robert Harley, Bouldstrode Whitlocke Esquire, Hamphry Salloway Esquire, Mr. Serjeant Wilde, Oliver St. John Esquire his Majesty's Sollicitor, Sir Benjamin Rudyard Knight, Mr. Tate, Sir John Clotworthy Knight, John Maynard Esquire, Sir Henry Vane junior Knight, William Pierepont Esquire, William Wheeler Esquire, Sir William Masham, Walter Young Esquire, Sir John Evelyn Knight, John Selden Esquire, Samuel Browne Esquire, Sir William Strickland, Walter Longe Esquire, Harbert Morley Esquire; George Snelleng Esquire, Harbottle Grimston Esquire, John Boyse Esquire, Richard Shuttleworth Esquire, Lord Fairefaxe, Sir John Danvers, John Crewe Esquire, Sir Anthony Irby, Sir John Holland, Sir Philip Stapleton, Luke Robinson Esquire, Thomas Westrowe Esquire, Denzell Holles Esquire, Henry Lucas Esquire, Sir John Driden, Robert Reynolds Esquire, Sir Thomas Middleton, Robert Jennour Esquire, Henry Oxenden Esquire, Sir Gilbert Gerrard, Nicolas Staughton Esquire, Sir John Burgoyne, Sir Edward Aiscough, John Swinfen Esquire, Sir Henry Heyman, Edward Leegh Esquire, Sir Thomas Wroth, Samuel Gott Esquire, Sir John Bamfeild, William Ball Esquire, John Palmer Esquire, Laurence Whittacre Esquire, Sir Arthur Haselrigg, Sir Dudly North, Sir William Waller, Nath. Bacon Esquire, Richard Edwards Esquire, Luke Hodges Esquire, Sir William Lewes, Francis Allen Esquire, Giles Greene Esquire, John Gourdon Esquire, Dennis Bond Esquire, Sir Peter Wentworth, Sir Samuel Luke, Edward Baynton Esquire, Richard Salloway junior, Simon Thelloall Esquire, Oliver Cromwell Esquire, Isaac Pennington Esquire Alderman of the City of London, John Ven Esquire, Doctor John Bond, Sir Richard Onslowe, Sir William Armyn, William Aiscough Esquire, George Abbott Esquire, Cornelius Holland Esquire, John Blackeston Esquire, Lord Herbert, Sir Walter Erle, Henry Martin Esquire, Sir Thomas Dacres, Richard Browne Esquire, William Ellis Esquire, John Lisle Esquire, William Ashhurst Esquire, Sir John Trevor, Sir Nathanael Barnardiston, Thomas Lord Wayneman, Sir Martin Lumley, Samuel Wassall Esquire, Sir Matthew Boynton, Jervoice Piggott Esquire, John Hutchinson Esquire, Thomas Hatcher Esquire, James Fiennes Esquire, Valentine Walton Esquire, John Stephens Esquire, Sir John Evelyn of Surry, Thomas Scott Esquire, Thomas Scott Esquire, Henry Peck Esquire, Thomas Hodges of Gloucestershire Esquire, William Leman Esquire, Richard Winwood Esquire, John Lowry Esquire, Sir Martin Lister, Sir Edmund Fowell, Robert Wallop Esquire, Richard Whitehead Esquire, Nathanael Hallowes Esquire, Robert Brewster Esquire, Sir Edward Hungerford, Richard Norton Esquire, Sir Thomas Barnardiston, Sir Thomas Trenchard, Miles Corbett Esquire, Sir Henry Mildmay, Thomas Atkin Esquire Alderman of the City of London, Lord Cranborne, Roger Hill Esquire, Sir John Barrington, John Trenchard Esquire, Sir John Corbett, Alexander Popham Esquire, Sir Samuel Roll, Sir John Coke, John Nutt Esquire, Ralph Ashton Esquire, Richard Barwis Esquire, William Armyn Esquire, Richard Tolson Esquire, Sir Henry Cholmeley, Sir Thomas Widdrington, George Fenwicke Esquire, Edmund Ludlow Esquire, Lillibon Long Esquire, Francis Drake Esquire, Sir Michael Levesay, Edmund Stephens Esquire, Sir Wm. Spring, James Harbert Esquire, Henry Lawrence Esquire, John Roll Esquire, Sir John Francklyn, Thomas Sandys Esquire, Sir Thomas Maleverour, Sir William Litton, Nathanael Fyennes Esquire, William Purefoy Esquire, or any Nine of them, shall be a Committee of Lords and Commons to adjudge and determine scandalous Offences, not formerly enumerated: And the Elderships shall proceed in the Examinations of such scandalous Offences, according to the Cautions and Restrictions mentioned in the Ordinance of the Twentieth of October 1645: And the said Committee shall have such Power, and shall proceed in such Sort, as is hereafter mentioned.

If any notorious and scandalous Offence, not formerly enumerated, be committed by any within any Eldership, and so after full Proof shall be found before the Eldership (who shall have Power to examine Proofs and Witnesses on both Sides); in case both the Eldership, and the Party complained of, do agree the Proofs and Examinations to be duly taken, the said Eldership shall forthwith certify the said Offence, with the Proofs, to the said Committee of Parliament: Who shall, with all convenient Speed, determine and adjudge the same. But in case the Party accused shall find himself grieved, either by the not Examination, or undue Examination, of Witnesses, or Misentering of the Depositions; in such case he shall forthwith declare the same to the Eldership; who shall relieve him, if there be Cause: Which if they shall not do, then the Three Justices of Peace, next to the Parish whereof the Party complained of is a Member, or any Two of them, not being of the same Eldership before whom the Complaint lies, shall have Power, and are hereby enabled and required, forthwith to examine, upon Oath, the said Witnesses that were not examined, or were misexamined, or whose Depositions were misentered; and, with all convenient Speed, return the Examination to the said Committee of Parliament: And, in case the said Justices, or any Two of them, do not finish their Examination within Six Days after the Cause shall be presented to them, the Party shall abstain, until they have finished and certified their Examinations: And the said Committee, upon hearing the whole Matter from the Eldership and Justices, or either of them, shall adjudge, whether the same be a notorious and scandalous Offence, and so proved, or no: And, in case the said Committee shall not adjudge and determine the Case within Fourteen Days after their Receipt of the Certificate to them made, the Party against whom the said Certificate shall be made, shall abstain from the Sacrament, until the Committee shall determine the same, unless, in the mean time, the Party shall shew his Repentance for the said Offence, and thereof give Satisfaction to the Eldership: And if the said Committee shall adjudge the same not to be a scandalous Offence, or not well proved, the said Party shall be admitted to the Sacrament: And, if they shall adjudge the same to be a scandalous Offence, and so proved, he shall not be admitted to the Sacrament, until he shall have testified his Repentance to the Eldership.

And be it further Ordained, That the Eldership shall either give personal Notice to the Party complained of before them, or else leave Notice, in Writeing, at his Dwelling-place, of the Time and Place when and where they will examine Witnesses against him; and also of the Time that they will make their Certificate to the Committee of Parliament: And, in case Information shall be given to the Eldership of a notorious and scandalous Offence committed by any with.. their Eldership, they shall forthwith proceed to the Examination thereof: And, if they cannot finish their Examination till the Week before the Sacrament, and they shall then find, by sufficient Proof, that he hath committed a notorious and scandalous Offence, and yet they cannot certify the same before the Sacrament, it being to be administred within a Week after; in such case, the Party shall abstain from the Sacrament for the next Time only, unless the Committee of Parliament, to whom the same is to be certified, shall adjudge the same a notorious and scandalous Offence, and so proved, for which he ought to be kept from the Sacrament: And, in such case, upon the Testifying of his Repentance to the Eldership, he shall be again restored to the Sacrament, and not before.

And be it further Ordained, If any shall find themselves aggrieved with the Judgment against him given by the said Committee, they shall appeal from thence to both Houses of Parliament, if they see Cause.

And be it Ordained, That the Committee to whom the said Certificate shall be made, as aforesaid, shall report to both Houses the said several Cases to them certified, and their Judgments thereupon; that so the Offences, not yet enumerated, may be added to the Enumeration, in case the Houses shall so think fit: And, in their Reports, they shall take care, that they first report those Certificates, and their Opinions thereupon, wherein they at any time shall differ from the Eldership.

And be it further Ordained, That this Ordinance shall continue for the Space of Three Years, and no longer, unless both Houses think fit to continue it.

Ordered, &c. That the Knights, Burgesses, Citizens, and Barons, of the particular Counties, Cities, Boroughs, and Cinque-Ports, where any Case shall arise, that shall be brought to this Committee, shall be of this Committee, as to that particular Cause.

Resolved, &c. That all the Lords of the House of Peers, that are not excluded from sitting by any Ordinance of Parliament, shall be of this Committee.

Resolved, &c. That the Quorum of this Committee shall be Nine.

Resolved, &c. That the Propositions shall be proceeded on, To-morrow Morning, the first Business: And that no other Business do intervene: And that Mr. Speaker do put the House in mind hereof: And that, after the Propositions shall be determined, that then the Report from the Northern Committee, where Mr. Stockdale hath the Chair, be made; and, if it be ready, the Letters read from the Scotts Commissioners.

Ordered, &c. That Mr. Thelloall shall have Leave to go into the Country.

Ordered, &c. That Paul Best be remanded Prisoner to the Prison of the Gatehouse: And that he be brought to the Bar on this Day Sevennight.