House of Commons Journal Volume 6: 12 August 1651

Tuesday, the 12th of August, 1651.

Prayers.

Westminster, &c. Militia.

AN Act for Reviving and Continuing of the several Acts for settling the several Militias of Westminster, the Borough of Southwark, and the Hamlets of the Tower, until the First of December 1651, was this Day read the First and Second time.

And, upon the Question, Ordered, That Mr. Edwards, Mr. Say, Colonel Thompson, Lord Chief Justice St. John, do withdraw, and amend the said Act; and forthwith report the same.

Letters read.

A Letter from the Lord General, from Leith, of August the Fourth, 1651; and a Letter from Major General Lambert, from Leith, of the Fifth of August, 1651; with a Letter from Major General Lambert, to the Committee for the County of York; were all this Day read.

Volunteers.

Sir Henry Mildmay reports from the Council of State;

"That this Council taking into Consideration how necessary it is, for the Safety of the Parliament, that, in the Absence of those Forces that are now drawn Northward, to be there in a Readiness to resist any Impression that shall be made into those Parts by the Enemy out of Scotland, and to prevent any Insurrection there, that the Guards at Westminster be strengthened and enforced by such as, upon whose Faithfulness, from right Principles, the Parliament may have Cause to conside in: And that therefore the Parliament will give Power to the Council, for the Encouragement of honest and faithful Men to the so necessary a Service, to dispose and issue out such Sums of Monies, not exceeding Five thousand Pounds, as whereby there may be a Guard, through God's Blessing, sufficient for the Safety of the Parliament, in the Absence of the other Forces."

Resolved, That the Council of State be impowered to issue out such Sums of Money as they shall think fit, for encouraging and paying such honest and faithful Persons, as have or shall voluntarily list themselves in the Three Regiments of Volunteers in and about the City of London, under the Command of Lieutenant General Fleetwood, Major General Harrison, and Colonel Titchborne, for the Service and Safety of the Commonwealth, in such manner as the Council of State shall think fit, as well respecting their former Services, as their present Charges.

Proclamation.

Lord Commissioner Whitelock reports from the Council of State, A Draught of a Proclamation, to be printed and published, in these Words; "By the Parliament of the Commonwealth of England, &c."

Which was once read.

Ordered, That Lord Commissioner Whitelock, Sir Peter Wentworth, Mr. Marten, Lord Chief Justice St. John, do withdraw; and, upon the Debate of the House, amend the said Proclamation; and report the same forthwith.

Alderman of Chester.

Sir Henry Mildmay reports from the Council of State;

"That the City of Chester hath chosen one Mr. Wright Alderman for that City, a Person who hath not taken the Engagement, in the Place of Alderman Whittle, a very Friend to the Parliament, now deceased: That the Parliament be therefore moved (if they shall think fit), that Order may be given, that the said Mr. Wright be removed; and that they proceed to the Election of some Person who is well affected to the Parliament, and present Government."

Ordered, That Mr. Wright, chosen Alderman for the City of Chester, in the place of Alderman Whittle, deceased, being a Person who hath not taken the Engagement, be removed and disabled from executing the Place or Office of an Alderman of the said City: And that the said City do proceed to the Election of some other Person, who is well affected to the Parliament, and present Government: Which is to be without Prejudice to the Charter of the said City for the future.

London Militia.

Lord Commissioner Whitelock reports from the Council of State, The Substance of a Message sent by the Council of State to the Common Council, and their Readiness to use their best Endeavour, with their Lives and Fortunes, to serve the Parliament; and have appointed a Committee of the Common Council, to receive what shall be communicated unto them, in order thereunto, from the Council: And do now offer a Paper,

Which was now read; viz.

IT is humbly proposed, by some Members of Common Council,

1. That an Addition of Fifteen Persons be made to the Committee for the Militia of the City of London; viz. Lieutenant Colonel John Fenton, Captain Tho. Alderne, Mr. Henry Brundreth, Mr. Praise Barbone, Captain Richard Price, Captain John Stone, Captain Edw. Worgall, Mr. Wm. Allen, Mr. Thomas Lamb, Colonel Ben. Blunden, Mr. John Addams, Mr. Thomas Thyn, Captain John Marriott, Captain John Foach, Mr. Stephen Oyles, of London, Citizens.

2. That an Addition of Power be made to that Committee.

1. For the Raising and Levying of Horse and Arms for the present Service.

2. That they might appoint only well-affected Men to bear Arms in the Trained Bands; and others, not bearing Arms, to contribute towards the Maintenance of others listed in their stead.

3. That the Committee of the Militia might be authorized to appoint some in each Ward to join with the several Commanders, to judge who is fit to serve, and whom to pay; and what.

4. That they might be authorized to depute Persons to search for and secure suspected Persons.

3. It is desired, That the Committee of the Militia of the Out Parts may proceed in the like Method; and communicate Counsels with those of London, in the present Service.

4. That Commissaries may be appointed to value and give Tickets for all Horses which shall be seized upon, to the Intent the Owners of them might have the Publick Faith of the Commonwealth for such as shall be continued or lost in the Service.

5. That Care be taken for Arms and Ammunition for the present Supply of the Service.

The Question being propounded, That Lieutenant Colonel Fenton be one of the Committee of the Militia of the City of London;

The Question being put, That that Question be now put;

The House was divided.

The Noes went forth.

So it passed with the Affirmative.

And the main Question being put;

It was Resolved, That Lieutenant Colonel John Fenton be one of the Committee for the Militia of the City of London.

Resolved, That Captain Thomas Alderne, Mr. Henry Brundreth, Mr. Praise Barbone, Captain Richard Price, Captain John Stone, Captain Edward Worgall, Mr. Wm. Allen, Mr. Thomas Lambe, Colonel Benjamin Blunden, Mr. John Adams, Mr. Thomas Thyn, Captain John Mariott, Captain John Foach, Mr. Stephen Iles [ (fn. 1) ], of London, Citizens, be of the Committee for the Militia of the City of London.

Westminster, &c. Militia.

Mr. Say reports, An Act for enabling certain Persons to put in Execution the Powers in the several Acts for settling the several Militias of the City of Westminster, the Borough of Southwark, and Places adjacent, and the Hamlets of the Tower of London.

Which was this Day read the First and Second time.

And the Question being put, That this Act be committed;

It passed with the Negative.

And the Question being put, That the said Act be ingrossed;

It passed with the Negative.

And the said Act, being put to the Question, passed: And

It is Ordered, That the said Act be forthwith printed and published.

Mr. Scott reports from the Council of State;

Militia.

THE Scotts, with an Army, being entered into England, designing the Conquest and Ruin thereof, and bending their Forces towards the Southern Parts, of which their chief Aim is to make a Prey;

It is the humble Opinion of the Council, That the former Commissioners, grounded upon the late Act for the Militia, and which were in Force before the Expiration of the late Act, and which hath been since granted by the Parliament, or Council of State, or by their Authority, be renewed, and adjudged to continue in Force, until the Parliament give further Order: And that the Commissioners for the Militia, nominated, or to be appointed, by the Council of State throughout England or Wales, be authorized and required forthwith to summon before them all the Militia Forces late listed or raised in their several Counties, whether Horse or Foot, with all their Officers, to be drawn into one Body, upon some Rendezvous in each respective County: And that each Person, who finds Horsemen or Footmen, furnish them immediately with a Month's Pay; the same to be reimbursed, by Appointment of Parliament, forth, of, or by Way of Assessments, or otherwise: And all Commissioners, Commanders, Officers, and Soldiers, are to be required to do their respective Duties herein with all Diligence and Faithfulness, upon Pain of being censured Enemies to their Country; and such Penalties as, in that Behalf, shall be, by the Parliament, thought fit to be inflicted upon them.

Ordered, That Mr. Sey, Colonel Purefoy, and Mr. Stephens, do withdraw; and bring in an Act to that Purpose.

Mr. Stephens reports from the Committee appointed to withdraw, An Act, impowering several Persons, nominated, by the Council of State, to be of the Militia for the respective Counties within this Commonwealth, to put in Execution the several Powers granted, by any Act, Order, or Ordinance of Parliament, for Raising of any Horse or Foot for the Service and Safety of the Commonwealth of England.

Which was this Day read the First and Second time.

Resolved, That the Vote of the Parliament, dated the First of August 1651, in these Words; "That such Monies as are collected in the several Counties, by virtue of the Act for the Militia, and remaining in the Collectors, Treasurers, and other Officers Hands, undisposed of, be paid unto such Person and Persons as the Council of State shall appoint, to be disposed of by Order of the said Council, towards defraying the Charges of these Four thousand Foot to be now raised;" be repealed and null.

Resolved, That this Clause be added to the Act, viz. "That all Commissions formerly granted by the Council of State, unto any Colonels, Lieutenant Colonels, Majors, Captains, and other Officers, upon the last Act for the Militias of this Commonwealth, be revived and continued; and shall stand in full Force until the First Day of December 1651, unless the Parliament, or Council of State, shall give other Order."

Resolved, That these Words, "or more in Two several Places," and these Words, "as the Commissioners shall think fit," be inserted into this Act.

And the Act, so amended, was, upon the Question, agreed; and, upon the Question, passed; and ordered to be forthwith printed and published.

Resolved, That it be referred to the Council of State, to consider how the Officers, and others, who shall be employed in the present Service, may be paid and satisfied; and to present an Act, for that Purpose, to the Parliament.

Correspondence with Charles II.

An Act, prohibiting Correspondence with Charles Stewart, or his Party, was this Day read the First and Second time.

Resolved, That, in the last Clause, this Amendment be made, "and other Estate, as in Case of High Treason,"

Resolved, That these Words be added to this Act; "Provided, That no Person shall be proceeded against by any Court Martial, or Council of War, for any Offence done against this Act, unless such Person be proceeded against, and convicted of such Offence, within Three Months after such Offence committed."

The Question being put, That the Word "volunta rily" do stand;

It passed with the Affirmative.

The Question being put, That the Word "wilfully," in the last Clause of the Act, do stand;

It passed with the Negative.

Resolved, That the Continuance of this Act be, to the First Day of December next.

Resolved, That the Words "or may" be added, next after the Word "shall."

The Question being put, That this Act, so amended, be ingrossed;

It passed with the Negative.

And the said Act, so amended, being put to the Question, passed: And

It is Ordered, That the said Act be forthwith printed and published.

Ordered, That it be referred to the Council of State to take care, that this Act be sent into, and published in the several and respective Counties of this Commonwealth.

Invasion by Scotland.

The Lord Commissioner Whitelock reports from the Council of State;

"That the Council of State taking into Consideration the present State of Affairs, upon Occasion of the Marching of the Scottish Army into England; and finding that their March is not upon Confidence of their own Force, which, when it was whole and unbroken, they could not be provoked to give Battle to our Army, or come out of their Strengths to save their own Country, which they saw taken in, one Part after another; despairing of their own Country, which they have deserted as lost, they are marched into England, with this last Hope, that, from their own Party of the Traitors to this Commonwealth, there will be a great Conflux unto them for their Recruit and Assistance; in which if they should be disappointed, they will soon come to nothing, though they should have but weak Opposition: And although the Council find also, that, by the great Diligence and Care of the Lord General, and his Officers, the Forces of this Nation are disposed so as they conceive they will not be able to advance far, before our Forces will be with them; and that there will be, through God's Goodness, a speedy and thorough End of that Work: Yet they have thought fit, for the better Prevention of any such Resort and Recruit to them, and also for the better Preserving of the Peace of these Parts, humbly to offer the ensuing Particulars to the Consideration of the Parliament, to be passed, and ordered by the Parliament, if they shall so judge fit; viz.

"That all and every Person and Persons, who shall excite, stir up, or encourage, any Person or Persons to join with the Scottish Army, or with any their Party here, or give them any Council, Aid, or Assistance whatsoever, or shall design, contrive, plot, or stir up, any Insurrection, or make any Disturbance of the Publick Peace, or shall have in their Hands any Declarations, Papers, or Proclamations, from the now Scottish King, not acquainting the Council of State therewith, or shall disperse any such, or not inform, and endeavour effectually the Apprehension of such as shall publish any such Declarations or Papers, shall be, upon Discovery, forthwith apprehended, and brought to Tryal before a Council of War; and, upon due Proof of the Fact made, shall be, by the said Council of War, adjudged to suffer Death, and forfeit as in Case of Treason, and be executed accordingly:"

"That all and every Person or Persons who shall discover any other of the Scottish Party, or any whomsoever that are engaged in any Design against this Commonwealth, shall be both indemnified as to him and themselves, that shall so discover it, although they were in the same Design; and shall also have One Third Part of the Estate of the Offenders, after that he or they shall be duly convicted of, and condemned for, the said Offence."

"That every Person inhabiting or lodging within the late Lines of Communication, do, on or before the of next coming, exhibit and give in a Particular, in Writing, under their Hands, of what Ordnance, Arms, or Ammunition, they are Owners or Proprietors of; and where, and in whose Custody, the same is; unto the Committees for the Militia of those Parts where he inhabits or lodgeth, as aforesaid; or unto such Person as shall be appointed to receive the same, at the Place where the said Committee of the Militia doth or usually did, meet: And that no Man presume to dispose of any such Ordnance, Arms, or Ammunition, without the special Leave of the Parliament, or the Council of State, or such as shall be.. them appointed for that Purpose, under the Penalty of."

"That no Person or Persons, within the late Lines of Communication, who have been sequestered, or have been in Arms against the Parliament, or that have appeared in any Action or Design against them, not being now in the Parliament Service, shall wear about them, or have upon their Persons, any Arms whatsoever, until the of next coming, without special and particular Licence from the Parliament, or Council of State, under Penalty of."

That each Householder within the late Lines of Communication, that hath or keepeth any Lodgers with them, shall give in a List of the Names, Surname, and Conditions of their said Lodgers, unto the Committee of the Militia of the Places where they inhabit, or unto such as shall be appointed to receive them, at the Place where the said Militia doth or did usually meet, as aforesaid: And all such Lodgers are required and commanded to be in their Lodging by the Hour of at Night, and not to stir out again before the Hour of in the Morning, and not to change their Lodgings before the of, upon Penalty of."

"That all Masters of Families, within the Limits of the late Lines of Communication, do keep their Children and Servants within their Houses, or otherwhere at their several Employments, in quiet and peaceable Order, without tumultuous Meetings together, or any disorderly Actions; and that they be every Night within their Lodgings by the Hour of at the latest; and that they shall not go forth of their Lodgings before the Hour of at the soonest; which, if they shall neglect to do, they shall be held guilty of any Excess, Misdemeanor, or other Faults, by their said Children or Servants committed, and be responsible for the same."

"And if any their said Sons or Servants shall depart from their Parents or Masters, and shall continue so withdrawn for the Space of Twelve Hours, or above, their Parents or Masters shall declare the said Departure of their said Sons or Servants to the Committee of the Militia of the Place where they do inhabit; and give in to them, in Writing, their Names and Age, under Penalty of being responsible for all Misdemeanors, of what kind soever, that shall be by them committed, during their said Absence."

"That, for the better putting in Execution these Orders, the Lord Mayor of the City of London, and the rest of the Committee of the Militia of that City, and also the Commissioners of the Militia of Westminster, the Hamlets, and Southwark, are hereby required and authorized to meet, and sit daily; and are to take care to see the said Orders put in Execution accordingly."

Ordered, That it be referred to the Members of the House who are of the Council of State, to consider of the Particulars in this Report; and present an Act, as to such Particulars as are necessary, and not already provided for; and report it to the House To-morrow; And the Lord Commissioner Whitelock, Lord Commissioner Lisle, Lord Chief Justice St. John, to take care of it.