House of Commons Journal Volume 6: 3 January 1649

Die Mercurii, 3 Januarii, 1648.

Prayers.

Committee sent to Lords.

ORDERED, That Mr. Millington and Mr. Blakiston do presently repair to Mr. Browne, Clerk of the Lords House, to see, How the Business stands in that House, upon the Ordinance and Vote touching the King; and to make Report thereof to this House.

Navy.

Mr. Miles Corbett reports from the Admiral, a List of the Names of the Ships, Vice Admiral, Officers, and Commanders, in the Ships.

Ordered, That the List of the Ships and Names of the Vice Admiral, and other Commanders of the Ships, be referred to the Committee of the Navy; to confer with the Lord Admiral, and with Citizens and Merchants of the City of London, concerning the Names of such Men as are fit to be employed in Service of the Parliament, in the Ships appointed for this Winter's Guard; and to present their Names to this House, upon Friday next.

Ordered, That the Committee of the Navy do confer with the Lord Admiral; and consider with him, What Ships are fit to go out, for this Winter's Guard; and who are fit Persons to command them; and to give an Account to the House forthwith.

Ordered, That the Lord Admiral be desired to take care, that Captain Moulton be appointed to command in Chief in a sitting Ship, for the Winter's Guard.

Ordered, That Colonel John Lidcott be especially recommended, by the Committee of the Navy, to the Lord Admiral, to command in some good Ship, for this Winter's Guard, which may be for his Credit, and for the Service of the State.

Stoke Landmark.

Ordered, That it be referred to the Committee for Removal of Obstructions in the Sale of Bishops Lands, to cause, that the Owner or Landlord of the ancient Hedgerow of Elms, standing in the Parish of Stoke, on Lands late the Bishop of Winchester's, which served as a Landmark to direct the Ships in their Return from Sea into that Channel, have Consideration and Satisfaction for the said Elms: And that the Committee of the Navy do take care, that the said Elms be not felled or cut down, but preserved for a Land-mark.

City Officers.

Ordered, That the Lord Mayor of London be required to give Authority to Colonel Robert Titchborne, and Mr. John Strange, to summon the Wards of Farrington Within, and complete and perfect their Election begun of Common Councilmen in their Wards, according to their last Ordinances of the Eighteenth and Twentieth of December last.

Oaths.

Ordered, That the Committee concerning Oaths do make their Report touching the taking off the Restriction of the Ordinance made the Twentieth of December last, touching Election of Officers in the City, and touching Oaths, on Friday Morning next.

Ordered, That the Oath to be taken by Common Councilmen and the Trinity House Oath, be referred to the Committee for Oaths: And the said Committee are to make Report thereof To-morrow Morning: And all that come to the said Committee are to have Voices.

Proceedings of Lords on Vote, &c. against the King.

Mr. Millington reports the Names of the Lords that sat in the Lords House Yesterday; and the Proceedings of the Lords Yesterday; and the Passages in that House, concerning the Vote and Ordinances concerning the King, and the other Ordinances and Orders, sent to the Lords Yesterday for their Concurrence, as followeth; viz.

"Die Martis, 2 Januarii, 1648."

"Earl of Denbigh, Earl of Northumberland, Earl Mulgrave, Earl of Pembroke, Earl of Rutland, Earl of Kent, Earl of Manchester, Lord North, Lord Hunsdon, Lord Maynard, Lord Dacres, Lord Berkly."

"A Message was brought from the House of Commons, by the Lord Grey of Grooby, &c.; who brought up these Particulars following; wherein they desire their Lordships Concurrence; viz. That, by the fundamental Laws of this Kingdom-the Vote, as formerly: An Ordinance for erecting a High Court of Justice for the Tryal of the King."

"The Answer returned was, That this House will take their Message into Consideration; and return Answer by Messengers of their own."

"A Message by Mr. Corbett, who brought up an Ordinance for securing Six thousand Pounds."

"An Order for Concurrence to the Book of Rates."

"Order for Payment of old and petty Customs for the Use of the Navy."

"An Order concerning the Army."

"An Order concerning Contracts made for Bishops Lands."

"House adjourned till This-day sevennight, at Ten a Clock."

"The Vote declaring, "That, by the fundamental Laws of this Kingdom, it is Treason in the King of England, for the Time being, to levy War against the Parliament and Kingdom of England," was read the Third time:"

"And the Question being put, Whether to put off the Consideration of this Vote till some other Time;"

"It was resolved in the Negative."

"Then the said Vote was read again."

"And the Question being put, Whether to agree to this Vote now read;"

"It was resolved in the Negative, Nemine contradicente."

"Then the Ordinance for erecting a High Court of Justice for the Tryal of the King, was read the First time."

"And the Question being put, Whether this Ordinance, now read, shall be cast out;"

"It was resolved in the Affirmative, Nemine contradicente."

Proceedings to continue without the Lords.

Ordered, That the several Members of this House, and others, appointed, by Orders of this House, or Ordinances of Parliament, to act in any Ordinance wherein the Lords are joined, are hereby impowered and injoined to sit, act, and execute, in the said several Committees, of themselves, notwithstanding the Lords do not join with them.

The Clerk is to bring in the Names of the Members of this House added to several Committees, to which the Lords have not joined.

Settlement of the Kingdom.

Ordered, That this House do take into Consideration, To-morrow Morning, the first Business, those Affairs that tend to the Safety and Settlement of the Kingdom.

Court for trying the King.

Mr. Lisle, Mr. Scott, Mr. Millington, Colonel Martyn; Mr. Garland.

This Committee is appointed to prepare an Ordinance touching the Tryal of the King.

Door Shut.

Ordered, That the Door of the House be shut: And that no Member be permitted to go out of the House, without Order of this House.

Haberdashers Hall Committee.

Ordered, That the Lord Grey, Mr. Love, Mr. Smyth, Mr. Clement, Colonel Purefoy, Sir Gregory Norton, Mr. Humphry Edwards, Mr. Cawley, Colonel Staply, Lord Mounson, Mr. Say, and Mr. Holland, be added to the Committee at Haberdashers Hall.

Sequestrations.

Ordered, That Mr. Symth, Mr. Say, and Mr. Humphry Edwards, be added to the Committee of Lords and Commons for Sequestrations.

Papists Estates.

Ordered, That Captain Edward Mugford, Major Oliver Cromwell, and Captain George Blake, shall have a Fifth Part of such Discovery as they shall make of Papists Estates, who have been in Arms against the Parliament, for the Benefit of the State; provided they do not break open any Houses or Doors for Discovery thereof.

Bishops Lands.

WHEREAS, by an Ordinance of Parliament, of the Four-and-twentieth of July 1648, it is ordained, That all Contracts made by any Purchaser or Purchasers since the First of April last, or hereafter to be made, for any the Lands and Possessions of the late Archbishops and Bishops, the Purchaser or Purchasers shall and may satisfy, discharge, and pay, the Second Moiety of such Purchase so contracted for, by Monies, or out of the Bills or Receipts given to any Lender or Lenders, his or their Assigns, by virtue of an Ordinance of Parliament, dated 13 Maii 1647, or by the Assignment of any of the said Bills or Receipts; and that all Payments, made according to the Intent of the said Ordinance, of the said Twenty-fourth of July 1648, shall be good and effectual to discharge the Person or Persons of his or their Engagement or Contract, for any of the said Premises; and that Wm. Gibbes, Alderman Thomas Noell and Francis Ashe Esquires, constituted Treasurers by Ordinance of Parliament, of the Sixteenth of November 1646, intituled, An Ordinance of the Lords and Commons, assembled in Parliament, for the appointing the Sale of the Bishops Lands for the Use of the Commonwealth, are by the aforesaid Ordinance of the Twenty-fourth of July 1648, authorized and injoined to accept of the same as a good and sufficient Payment; any Ordinance of Parliament to the contrary in anywise notwithstanding: And whereas Wm. Gibbes, Alderman, and Francis Ashe, Esquire, Two of the aforesaid Treasurers, have humbly petitioned the House of Parliament to be disengaged from acting as Treasurers, touching the Four hundred thousand Pounds secured by the said Ordinance of the Thirteenth of May 1647, whereby such Purchasers as have, according to the aforesaid Ordinance of the Twenty-fourth of July 1648, contracted for several of the said Lands; and, in pursuance of the same, paid in the First Moiety of their Purchase Monies; and cannot, by reason of the Resusal of the aforesaid Treasurers to accept of the same, pay in their Second Moieties, according to their several Contracts: It is therefore Ordered, by the Commons, assembled in Parliament, That Thomas Noell Esquire, one of the aforesaid Treasurers, do, and is hereby authorized and injoined to accept, receive, and pass, all such Bills or Receipts for such Monies advanced on the Ordinance of the Thirteenth of May 1647, as shall be vouched unto him by Colonel Robert Manwaring, the Register Accomptant for the aforesaid Lands, for the Payment of the last Moiety of the Purchase Money of such Purchaser or Purchasers that are to pay the same, according to the Intent of the aforesaid Ordinance of the Twentyfourth of July 1648: And, in case that any Purchaser shall have a Surplussage of the said Bills or Receipts, more than his Purchase Money amounts unto, that then the said Treasurer, taking the said Bills or Receipts in, may, and is hereby authorized to give new Bills or Receipts for the Remainder thereof, under his own Hand, to any Person or Persons to whom the same shall appear to be due: Which Remainder or Remainders, under the Hand of the said Treasurer, shall be as valid and effectual, to all Intents and Purposes, as the aforesaid Bill or Receipt were: And that the Trustees appointed for Sale of the aforesaid Lands, do, and are hereby injoined to seal, unto the aforesaid Purchaser or Purchasers, their several Assurances accordingly: And that the Contractors appointed by the afore-mentioned Ordinance of the Sixteenth of November 1646, do upon the Certificate of the said Thomas Noell, Treasurer, ascertaining the Second Moiety to be fully satisfied and paid, in manner as aforesaid, deliver up to the respective Purchaser or Purchasers the several Reconveyances given for the securing of their Second Moieties. And be it further hereby Ordered, That whatsoever the said Trustees, Contractors, Treasurer, and Register Accomptant, or any of them, shall do in pursuance of this present Order, shall be saved harmless, and indemnified, by Authority of Parliament.

Court for trying the King.

Mr. Garland reports an Ordinance for erecting an HighCourt of Justice, for Tryal of the King.

Which Ordinance was this Day read the First and Second time; and, upon the Question, committed unto Mr. Lisle, Mr. Love, Mr. Holland, Mr. Smyth, Mr. Garland, Mr. Millington, Mr. Fry, Mr. Scott, Colonel Walton, Lieutenant General Cromwell, Lord Grey, Lord Mounson, Mr. Edwards, Mr. Browne, Mr. Allen, Mr. Anlaby, Mr. Blakiston, * Lister, Colonel Ven, Mr. Challener, Colonel Purefoy, Mr. Clement, Mr. Cawley, Mr. Downes: And all that will come to have Voices: And the more particular Care hereof is referred to Mr. Garland:

Courts of Justice.

This Committee is to meet in Mr. Speaker's Chamber, this Afternoon: And this Committee is likewise to consider of a Way for the carrying on publick Justice, according to the Laws of the Kingdom.

King levying War against Parliament.

Resolved, &c. That the Commons, in Parliament assembled, do declare and adjudge, That, by the fundamental Laws of this Kingdom, it is High Treason in the King of England, for the Time being, to levy War against the Parliament or Kingdom of England.