House of Commons Journal Volume 7: 13 May 1659

Friday, May 13th, 1659.

Prayers.

St. James Parke.

ORDERED, That the Command of St. James' Parke, by Whitehall, and the Custody thereof, be committed to the Care of the Lord Charles Fleetwood.

Relief of Prisoners.

The humble Petition of the Parish-Wardens, and several of the well-affected Inhabitants of the Parish of Buttolph's without Bishopsgate, London, was read.

Ordered, That the Petition, intituled, The humble Petition of the Parish-Wardens, and several of the wellaffected Inhabitants of the Parish of Buttolph's, without Bishopsgate, London, be referred to the Committee for Relief of Prisoners for Conscience-sake; to examine and state Matter of Fact; and to report to the Parliament, together with their Opinion therein: And Mr. Wallop, Mr. Say, Mr. Bennet, Colonel Wauton, Colonel Sydney, Sir Henry Mildmay, Colonel Harvey, and Mr. Cawley, are added to the said Committee.

Forests, &c.

Ordered, That the Committee for the Preservation of the Timber and Wood of the Forests within this Commonwealth be revived: And they are to meet this Afternoon, at Three a Clock, in the Inner Court of Wards; and so from Day to Day: And Mr. Wallop, Colonel Wauton, Sir Henry Mildmay, Colonel Dove, Mr. Cawley, are added to the said Committee: And the especial Care hereof is referred to Mr. Corbet.

Administration of Justice.

Ordered, That it be referred to the Committee of Inspections, to bring in a Declaration, or what else they shall think fit, for Administration of Justice, and Preservation of the Jurisdiction of the Parliament, in the Foreign Plantations of this Commonwealth; and to report to the Parliament.

Journals, &c.

That John Smith Esquire do bring in unto the Parliament all Journal Books, and all other Books, belonging to the Parliament.

Great Seal.

Mr. Love informs the Parliament, that the Artificer by him employed, according to the Order of the House, for making a Great Seal, hath a Great Seal by him, made by late Order, before the Meeting of this Parliament, May 7th, 1659.

Ordered, That it be referred to the said Mr. Love, to see the said Seal broken, and the Silver delivered to the said Artificer.

Clerk of Parliament.

Ordered, That Thomas St. Nicholas Esquire be, and he is hereby, appointed Clerk of the Parliament: And that he do, immediately upon Notice hereof, attend the Service of the Parliament, accordingly: And that Mr. John Phelpes do attend, as Clerk, in the mean time;

Clerk-Assistant.

That Ralph Darnall Esquire be, and he is hereby, appointed Clerk-Assistant to Thomas St. Nicholas Esquire, Clerk of the Parliament:

That Fifty Pounds be given unto Mr. John Phelpes, for his Pains in attending the Service of the Parliament, as Clerk of the Parliament: And that the Committee of Safety give Order for Payment thereof, accordingly.

Army Commissioners.

Mr. Scot reports from the Members of Parliament being of the Committee of Safety, as followeth;

May 13, 1659.

THE Members of Parliament, being the Committee appointed for nominating fit Persons to be settled in Civil and Military Employments, do humbly offer it as their Opinion, That these be the Persons to be Commissioners to nominate Commission Officers; viz.

Lord Charles Fleetwood, Lord John Lambert, Sir Arthur Heselrigg, Major General John Disbrowe, Colonel James Berry, Sir Henry Vane, Lieutenant General Ludlowe.

That the Lord Charles Fleetwood be Lieutenant-General and Commander in Chief of the Land Forces in England and Scotland.

Mr. Scot further reporteth from the Committee of Safety, as followeth;

By the Committee of Safety.

Army.

THIS Committee, having taken into Consideration the Report Yesterday re-committed by the Parliament to this Committee, touching the Constituting and Establishment of the Land-Forces of this Commonwealth, do humbly offer it as their Opinion;

Upon Consideration of the present State of the LandForces of this Commonwealth upon the Death of the late Lord General; and with respect to the Granting of Commissions for the future;

It is Resolved, as the Opinion of this Committee, That, for the better Constituting and Establishment of the LandForces of this Commonwealth, the Commander in Chief for the Time being, and Six other Persons, be authorized as Commissioners:

That they, or any or more of them, do nominate the Commission-Officers of the said Forces, and present the same to the Parliament, Sitting the Parliament; or, in the Intervals of Parliament, to the Council of State for the Time being, for their Approbation.

That, being approved by the Parliament, or Council, as aforesaid, the Commander in Chief do issue out Commissions, accordingly; and sign the same, by Direction of the Council of State, by Authority of Parliament.

Army Commissioners.

Upon the Debate of the Report of the Committee for nominating fit Persons to be settled in Civil and Military Employments;

Resolved, That Charles Fleetwood Esquire be one of the Commissioners to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That John Lambert Esquire be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That Sir Arthur Heselrigg be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That John Disbrowe Esquire be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That James Bury Esquire, be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That Sir Henry Vane be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That Edmund Ludlowe Esquire be one other of the said Commissioners, to nominate Commission-Officers for the Land-Forces of this Commonwealth:

That Charles Fleetwood Esquire be Lieutenant-General and Commander in Chief of the Land-Forces in England and Scotland.

That a Time be limited, how long the said Commissioners to nominate Commission-Officers for the Land-Forces of this Commonwealth shall stand, and be continued:

That the Time for the Continuance of the said Commissioners be limited for one Year:

That the Commission to the Lieutenant-General and Commander in Chief of the Land-Forces in England and Scotland shall be from the Parliament:

That the further Debate of this Business be adjourned till To-morrow Morning.

Petition and Address of Army.

The House being informed, That there were divers Officers of the Army attending on the Parliament, at the Door; Mr. Speaker, by Direction of the House, ordered, That they be called in.

Whereupon * Lambert, Colonel Disbrowe, and divers other Colonels and Officers of the Army, being come to the Bar;

* Lambert expresseth himself thus;

Mr. Speaker, We are commanded by the Officers of the Army, to present before you their humble Petition and Address: There are several Things contained in it, which hath been a long time upon their Hands, and no visible Way of Redress. Finding, to their great Joy and Satisfaction, that you are returned; in Discharge of their Trust, they thought not fit to neglect this Opportunity; but have commanded us to present this Petition."

And then exhibited a Petition: Which, when the Petitioners were withdrawn, was read; intituled, "The humble Petition and Address of the Officers of the Army."

The Petitioners were called in: And Mr. Speaker, by Direction of the Parliament, returned them the Answer of the House, in manner following; viz.

"I am commanded by the House to tell you, That they have read your Petition; the Petition and Address that you have made here to us: They have commanded me likewise to tell you, That, as they found your Affections before they came hither, so they find that Affection continuing.

For the Things contained in the Petition, they are Things of great Weight; and many more Things of great Weight are lying before the House: And it is concerning that Settlement, for which the Divine Providence of God hath brought us hither; who, we hope, shall never depart from us.

The House find in your Advice much Love and Affection; and have commanded me to acknowledge that Love and Affection you have shewn; and to give you Thanks, very hearty Thanks, for your Love, and Expressions of it: And accordingly, in their Name, I do give you very hearty Thanks."

Hertfordshire Petition.

The House being informed, That there were several Hertfordshire Gentlemen attending the Parliament, at the Door;

They were called in: Whereupon * Barber, Doctor of Physick, and divers others of the said County, came to the Bar: And the said Mr. Barber expressed himself thus; viz.

"Mr. Speaker, Many of the County of Hertford have had it in their Thoughts to debate something of the particular Grievances; but hearing of the Power and Wisdom of God, in giving an Opportunity for this honourable House to re-assemble, they laid aside the Thoughts of their Grievances; and thought it their Duty to present their humble Petition to your Honours; which is a Free-will Offering of above a Thousand, who, with Hands and Hearts, desire what in them lieth to encourage this ever-honoured Parliament to proceed in settling the Commonwealth, without a Single Person, Kingship, or House of Peers."

And so presented a Petition, intituled, "The humble Petition of divers Inhabitants of the County of Hertford, who have faithfully adhered to the good Old Cause:" Which, the Petitioners being withdrawn, was read.

The Petitioners were called in: And Mr. Speaker by Order of the House, returned them the Answer of the House in this manner; viz.

"Gentlemen,"

"The House hath read your Petition; and do find in it Expressions of very good Affection: They have commanded me to tell you, That, upon the Foundation upon which they now stand, for which they bless God that hath brought them hither, they do intend to go on if, it please God, to set the Top Stone as formerly they have laid the Foundation: And to you that have expressed your good Affections here, they have commanded me to tell you, That they do give you hearty Thanks for your Expression thereof."

Foreign Affairs.

Sir Henry Vane offering a Report from the Committee of Safety concerning Foreign Affairs;

Ordered, That he make his Report in the Afternoon, at Three of the Clock: And that the Report concerning the Powers of the Council of State be then likewise taken into Consideration.

The House adjourns to Three a Clock in the Afternoon.

Post Meridiem.

Weekly Intelligence.

RESOLVED, That Mr. Jo. Can be, and he is hereby, authorized to write the Weekly Intelligence.

Resolved, That Mr. Needham be, and he is hereby prohibited, from henceforth, to write the Weekly Intelligence.

Foreign Affairs.

Sir Henry Vane reports from the Committee of Safety; They have communicated the Declaration of Parliament to the Foreign Ambassadors resident in England:

That the Ambassador of France returned an Answer Yesterday; and of Holland This Day; but both being by Word of Mouth, the Committee signified to them, they expected Answers in Writing:

That the Committee perceived there were Matters of great Consequence, fit for the House's Consideration; viz.

That this Commonwealth were in Amity with all States, except Spaine:

That there had been an Annual Treaty with Fraunce; but expired Lady-day last:

That there was also a Treaty with Flaunders:

That Dunkirk was yielded to England for their Assistance of Fraunce:

That there is no Peace between Spaine and France; but Two Month's Truce, including Dunkirk within that Truce:

That the English Fleet in the Sound arrived there a Month since; to whom Instructions had been given on the Ground of Amity between this Commonwealth, and the Two Kings of Sweeden and Denmark to be as Mediator between both:

The Treaties have been between England and Holland in this Affair; that so, when the Fleets of both Commonwealths meet in the Sound, they may meet as Friends:

That the Holland Fleet is now gone likewise to the Sound, but with Direction to shew all fair Respects, and Actions of Kindness, to England; but it is not discerned, that a Peace is yet concluded between the Kings.

Upon which it was moved, That the House would speedily proceed to settling the Council of State.

Council of State.

A Bill for constituting a Council of State, with Instructions, was read the First time.

The Instructions are read in Parts:

The Third Instruction was read:

And the Question being propounded, That That should be one of the Instructions;

It passed in the Negative.

The Twentieth Instruction was read;

And the Question being propounded, That That should be One of the Instructions;

It passed with the Negative.

The One-and-twentieth Instruction was read;

And the Question being propounded, That That should be One of the Instructions;

It passed with the Negative.

The rest of the Instructions being all particularly read; and the Question being severally put upon them; after some Amendments at the Table, they were all passed.

Resolved, That the Time for the Continuance of the Council of State be till the First Day of December next ensuing:

That the Number of the Council of State consist of One-and-thirty.

The Question being propounded, That Ten of the Number of the Council of State be of Persons that are not Members of Parliament;

And the Question being put, That This Question be now put:

The House was divided.

The Noes went forth.

So it passed with the Affirmative.

And the main Question was put.

Resolved, That Ten of the Number of the Council of State be of Persons that are not Members of Parliament:

That the Quorum of the Council of State be Nine:

That Six of the said Quorum be of the Members of the Council that are Members of Parliament:

That Thomas Lord Fairfax be one of the Ten Members of the Council of State that are not Members of Parliament:

That Major-General Lambert be one of the Ten Members of the Council of State that are not Members of Parliament:

That Colonel John Disbrowe be one of the Ten Members of the Council of State that are not Members of Parliament:

That Colonel James Bury be one of the Ten Members of the Council of State that are not Members of Parliament:

That John Bradshaw Serjeant at Law be one of the Ten Members of the Council of State that are not Members of Parliament:

That Sir Anthony Ashley Cooper be one of the Ten Members of the Council of State that are not Members of Parliament:

That Sir Horatio Towneshend be one of the Ten Members of the Council of State that are not Members of Parliament:

That the Remainder of the Council be chosen by the Glass; those without Doors by one, and within by another:

That the Clerk write out Names of the Members of Parliament; and present them To-morrow Morning.