House of Commons Journal Volume 6: 30 October 1648

Die Lunæ, 30 Octobris, 1648.

Prayers.

Message from Lords.

A MESSAGE from the Lords, by Dr. Aylett and Mr. Eltonhead:

The Lords have commanded us to acquaint you, That they have agreed to all the Judges, and the Solicitor; and desire the Concurrence of this House to the Four Votes for Mr. Parker, Mr. Eltonhead, Mr. Barnard, and Mr. Nicholas, to be Serjeants at Law.

Judges.

Resolved, &c. That an Ordinance be prepared, and brought in, for authorizing the Commissioners of the Great Seal to pass Patents to the several Gentlemen respectively, to be Judges of the several Courts, Quam diu se bene gesserint, according to the Votes of both Houses, passed in this behalf.

Serjeants at Law.

Resolved, &c. That this House doth agree with the Lords, That a Writ issue forth, to call Mr. John Parker to be a Serjeant at Law.

Resolved, &c. That this House doth agree with the Lords, That a Writ issue forth, to call Mr. Robert Bernard to be a Serjeant at Law.

Resolved, &c. That this House doth agree with the Lords, That a Writ issue forth, to call Mr. John Eltonhead, a Bencher of the Temple, to be a Serjeant at Law.

Resolved, &c. That this House doth agree with the Lords, That Writ issue forth, to call Mr. Robert Nicholas to be a Serjeant at Law.

Resolved, &c. That a Writ issue forth, to call John Clerk, of Lincoln's Inn, Esquire, to be a Serjeant at Law.

The Lords Concurrence to be desired herein.

Answer to Lords.

Answer returned by the same Messengers: That this House has considered their Lordships Message; and do agree to the Gentlemen nominated to be Serjeants accordingly.

Judges Fees.

Ordered, That, on Monday next, the Ordinance for regulating the Fees of Judges be reported, the first Business; and nothing to intervene.

City Arrears.

Resolved, &c. That the Committee for Sequestrations in the City of London do forthwith sequester the Estates of such Persons, within the City of London, whose Names have been returned for not paying their Arrears of Assessments for the Army, and have not since paid them; and do also, from time to time, sequester the Estates of all such other Persons as are in Arrear with their Assessments for the Army, as shall not pay their Assessments according to the Books returned: And that the said Books be delivered over to them.

Judges.

An Ordinance for constituting and appointing Justice Rolle Chief Justice of the King's Bench, Oliver St. John Esquire Chief Justice of the Common Pleas, Serjeant Wilde Chief Baron of the Exchequer, Serjeant Jermyn one of the Justices of the King's Bench, Samuel Browne Esquire one of the Justices of the King's Bench, Sir Thomas Beddingfield Knight, one of the Justices of the Common Pleas, Thomas Gates Esquire one of the Barons of the Exchequer, was this Day read: and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Mr. Bond is appointed to carry it to the Lords.

Members Assessments.

The Question was propounded, That the Members of the House do pay their Assessments for the Army for the Time past; or else, that the same Course be taken with h em as with other Persons:

And the Question being put, Whether this Question shall be now put;

It passed with the Affirmative.

Resolved, &c. That the Members of the House do pay their Assessments for the Army, for the Time past; or else, that the same Course be taken with them as with other Persons.

Pass for Carmichill.

Resolved, &c. That Sir Daniel Carmichill, employed by the Committee of Estates of Scotland to go the King, shall have a Pass to go to him accordingly.

London Sequestrations.

Ordered, That the Petition of the Committee of Sequestrations in London be read on Monday next, the first Business.

Sheriffs.

Ordered, That the Names of Gentlemen to be Sheriffs of the several Counties be brought in by the Members that serve for the several Counties, on Saturday Morning next.

London Sequestrations.

The Committee of Sequestrations in London was called in: And Mr. Speaker, by Command of the House, acquainted them with the Order the House had made in the Business upon which they were sent for.

Treaty with the King.

Sir John Evelyn of Wills, Mr. Nath. Fines, Colonel Harvey, Mr. Annesley, are appointed Reporters of this Conference.

Mr. Nath. Fienis reports, That the Lords, at this Conference, acquainted them, That they had desired it, touching One Particular, which the Lords had not agreed with this House, touching the Sale of Bishops Lands.

Resolved, &c. That this House doth adhere to their Vote, formerly passed, upon the King's Answer, concerning the Church, to That Particular touching the Sale of Bishops Lands.

Mr. Wheeler is appointed to go to the Lords, to desire a free Conference, by Committees of both Houses, presently, if it may stand with the Conveniency of that House, upon the Matter of the last Conference.

Ditto.

Ordered, That the House do resume and proceed in, the Business concerning the Treaty To-morrow Morning the first Business; and nothing to intervene: And that Mr. Speaker do put the House in mind hereof.

Army.

Ordered, That the Reports from the Committee, employed to the General, be made, and the Business touching the Army taken into Consideration, the next Business after the Treaty.

Isle of Silly. &c.

A Letter from Sir Hardres Waller, from Pendennis Castle, of 26 Octobris 1648, directed to Mr. Anthony Nicoll, a Member of this House, was this Day read; with a Relation inclosed, touching the Earl of Ormond's Arrival in Ireland, and exercising the Power of Lord Lieutenant there; and some other Informations, concerning the Isle of Silly.

Ordered, That the Committee at Darby House, and the Committee of the Army, do meet this Afternoon; and confer upon this Business, touching the Island of Silley; and to consider what is fit to be done therein, and for the Exchange of Captain Christian.

Treaty with the King.

Mr. Wheeler brings Answer, That the Lords do agree to a present free Conference, as is desired.

Ordered, That the same Gentlemen that were appointed Reporters of the late Conference, be appointed Managers and Reporters of this Conference.

Mr. Fines reports the free Conference with the Lords, That the Lords conceive the Treaty to be of that Consequence, that, rather than any Delay shall be therein, the Lords do agree to the Vote touching the Sale of Bishops Lands; and desire this House will agree to the Letter, sent to this House by the Lords; and that the Votes, with the Instructions, be forthwith sent to the Commissioners in the Isle of Wight.

Resolved, &c. That this House doth agree with the Lords, That a Letter be sent to the Commissioners in the Isle of Wight, to the Effect of the Letter sent to this House by the Lords.

Mr. Wheeler is to draw a Letter to that Purpose.

Essex Sequestrations.

Ordered, That the Ordinance for Sequestring the Estates of new Delinquents, within the County of Essex, be read on Wednesday Morning next, the first Business.

Answer from Lords.

Mr. Bond brings Answer, that the Lords do agree to the Ordinance for constituting the several Judges; and to the Order for calling Mr. John Clarke, of Lincolne's Inn, to be a Serjeant at Law.

Judges.

BE it Ordered and Ordained, and it is hereby Ordered and Ordained, by the Lords and Commons, in Parliament assembled, and by the Authority of the same, That Henry Rolle, now one of the Justices of the Court of King's Bench, be Chief Justice of the said Court of King's Bench: That Oliver St. John, Esquire, appointed, by Order of both Houses, to be called to be a Serjeant at Law, be Chief Justice of the Court of Common Pleas: That John Wilde, Serjeant at Law, be Chief Baron of the Court of Exchequer: That Phil. Jermyn, Serjeant at Law, be one of the Justices of the Court of King's Bench: That Samuel Browne Esquire, appointed, by Order of both Houses, to be called to be a Serjeant, be one of the Justices of the Court of King's Bench: That Sir Thomas Beddingfield Knight, appointed, by Order of both Houses, to be called to be a Serjeant at Law, be one of the Justices of the Court of Common Pleas: That Thomas Gates Esquire, appointed, by order of both Houses of Parliament, to be called to be Serjeant at Law, be one of the Barons of the Court of Exchequer: And that the Clerk of the Crown in Chancery do prepare Commissions respectively, for the constituting and appointing the said Justice Roll to be Chief Justice of the Court of King's Bench; the said Oliver St. John to be Chief Justice of the Court of Common Pleas; the said Serjeant Wild to be Chief Baron of the Court of Exchequer; the said Serjeant Jermyn to be one of the Justices of the Court of King's Bench; the said Samuel Browne to be one of the Justices of the Court of King's Bench; the said Sir Thomas Beddingfield to be one of the Justices of the Court of Common Pleas; the said Thomas Gates to be one of the Barons of the Exchequer; quam diu se bene gesserint: And that the Commissioners of the Great Seal be, and are hereby, authorized and required to pass the said Commissions, so prepared, in usual Form, under the Great Seal of England; and to give them respectively the Oath of a Judge, accordingly.

The Lords Concurrence * * * *