House of Commons Journal Volume 7: 14 May 1659

Saturday, May 14th, 1659.

Serjeant at Arms.

ORDERED, That Henry Middleton Esquire be, and he is hereby, continued Serjeant at Arms, to attend the Parliament for the Space of One Week, from hence next ensuing.

Clerk Assistant.

That Ralph Darnell Esquire be, and he is hereby, appointed and continued Clerk-Assistant to the Parliament; and that he attend the Service of the Parliament, accordingly:

Clerk of Parliament, &c.

That John Smith Esquire do deliver up unto Thomas St. Nicholas Esquire, Clerk of the Parliament, all JournalBooks, and all other Books and Records, belonging to the Parliament:

That the Case of John Smith Esquire be referred to the Committee of Inspection, to examine the State of his Arrears: And the said Committee are likewise to examine the Cases of the Under-Clerks of the Parliament: And to make Report thereof to the Parliament; together with their Opinions therein.

That upon Mr. John Smith his delivery up of the Books and Records of Parliament, to Mr. Thomas St. Nicholas, Clerk of the Parliament, the Sum of Twenty Pounds be thereupon issued and paid unto him for the Charges by him expended in finding Presses for the convenient Lodging of the said Books and Records.

That the Keys of the Presses where the Books and Records of Parliament are, be forthwith delivered up to Ralph Darnall Esquire, Clerk-Assistant to the Parliament, for the Use of the Commonwealth, till they shall be delivered over unto Mr. St. Nicholas, Clerk of the Parliament.

Easter Term.

A Bill was brought in, for Continuance of this present Easter Term: Which was read the First and Second time.

Resolved, That the further Debate upon the said Bill be taken up, after the Election by the Glass of the Twenty-one Members of the Council be over.

Mr. Scot reports from the Committee of Safety, as followeth.

Saturday, 14 May, 1659.

By the Committee of Safety.

Committee of Safety.

ORDERED, That the Letter from the Lord Ambassador Nieuport; and likewise the Letter from Colonel Whetham; be reported to the Parliament this Morning: And that Mr. Scot be desired to report the same.

That it be likewise reported to the Parliament, That this Committee, by reason of other their important Business, have not had Time to take into Consideration the Nomination of Persons to be Judges; but intend to do it speedily: That Mr. Scott be also desired to report it.

To the Right Honourable the Committee of the Parliament of the Commonwealth of England, Scotland, and Ireland, for Safety.

Transactions with Holland.

THE subscribed Ambassador, from the Lords the States-General of the United Provinces, residing here in England, findeth himself obliged to communicate to your Honours the inclosed Paper, being a truly translated Resolution of the said Lords the States-General, bearing Date the Fifteenth of this Instant May, New Stile; and to beseech your Honours, That it may please you to afford unto him an Opportunity to communicate to such Member or Members of the said Right Honourable Committee, as your Honours will think good to appoint thereunto, the Contents of some Letters which he hath received Yesterday out of Holland, being of publick Concernment, and for the Good of both States and Nations. Given this ⅓ ²/3 of May 1659.

In Channon-Row, Westminster.

William Nieupoort.

In the Assembly of the Lords and States-General of the United Netherlandish Provinces.

THE Fifteenth Day of May 1659, on Deliberation, it is ordered herewith to desire the Lords of Gent, and the other Commissioners to the Conferences, with the Lord Ambassador De Thou and Resident Downinge, concerning the Affairs of the North, That they do signify to the said Publick Ministers, in the Name, and on the Behalf of the said Lords the States-General, That they have given to their Commanders, which were already out at Sea, as also to those who are now ready to go to Sea, express Order and special Command, That they do use and shew all Civility and Kindness to all such Fleets and Ships of War of the Commonwealth of England, Scotland, and Ireland, as they shall meet withal, in the Sound, or elsewhere; and that the Commanders in Chief are to take care, that the Captains, and other Subaltern Officers under their Command, do the same; and, above all, that they do abstain from all Actions and Comportments which might give any Reason or Occasion to Unkindness; and further, That it shall be given in Mandatis to the Lord Ambassador Nieupoort, that he may declare so much, and assure the same, in England.

Was subscribed, J. Van. Gentvt".

And underneath, Agreeth with the Principal.

Right Honourable,

Naval Affairs.

IN Obedience to your Commands, I hastened to Portsmouth, whither I came Yesterday, and found all things in good Order, in the Garison: the Officers I find very well satisfied, and, I may add, rejoicing, that God has returned us to the present Government; to which I am very confident, they will be faithful, I shall take the utmost Care I can for the Preservation of the Peace and Safety of this Place.

Yesterday Captain Barker, Captain of the Cherriton, took, on the other Side of the Isle of Wight, a Ship pretended to be Dutch, having on board her Four hundred Soldiers, Spanish and some Irish, with Six Captains that came from the Groyne, bound for Ostend: This Morning they are brought into this Harbour, and will be secured in Town, until your Honours Order be known concerning them: Which is humbly desired by

Portsmouth,

May 13, 1659.

Your most humble and faithful Servant, Nath. Whetham.

Since I concluded my Letter, I understand, from one of the Captains, he that conducts the Soldiers taken, That there are Thirty-seven Men of War at St. Andrewes, in the Bay of Biskey, preparing to go to Sea, from Forty to Sixty Guns each Ship.

For the Right Honourable the Committee of Safety, sitting at Wallingford-House, These humbly present. Haste, Haste, Haste.

Portsmouth, 13 May 1659.

Right Honourable,

YOUR Honours will, by this Express, receive from Colonel Nathaniel Whetham, who hath shewed me your Honours Order for taking care of the Safety of this Place, an Account of Four hundred Spanish Prisoners brought in by Captain Parker, Commander of the Cherriton Frigate; for securing of whom, and Furtherance of your Service, we have thought it most expedient to bring the said Prisoners on Shore, until your Honours further Pleasure be known concerning them: Till when, I shall presume to allow them for their Sustenance, upon the Treasurer of the Navy's Account, the usual Allowance of Four-pence each Man per diem; concluding the Necessity of the Case will sufficiently warrant my so doing, notwithstanding I have no present Order for it: Of this I have given Information to the Commissioners of the Admiralty; and prayed their further Order in it: But, not knowing who now acts in that Employment, I thought it my Duty also to do the like to your Honours: Which is all at present from,

Right Honourable,

Your Honours faithful Servant, Jos. Child, Mayor.

To the Right Honourable Sir Henry Vane, Sir Arthur Hesilrig, Lieutenant-General Ludlow, and the rest of the Committee for Safety, at Wallingford-House.

Jos. Child.

Council of State.

The House proceeded in the Election of the Twentyone to be chosen of the Members of the House; and of the remaining Three of the Ten, to be chosen of those out of the House; to be of the Council of State.

Mr. Speaker appointed Colonel Sydney and Sir Arthur Hesilrig, to tell the Number of the House: Which is by them reported to Mr. Speaker, and by him published to the House, to be Seventy-seven: And Dr. Palmer came in after the Report made; which made up Seventy-eight.

Two Glasses were prepared; the one, for each Member to put in his Paper of the Names of Twenty-one Members of the House, whom he would have to be of the Council of State; the other, for each Member to put in his Paper of the Names of the Three Persons, which are not of the House, to be elected Members of the Council.

The Clerk thereupon went to each Member, with one of the Glasses; and received from him, in the Glass, his Paper of Names for the said Twenty-one Members: And the Clerk-Assistant went to the same Members; and received from each of them, in the other Glass, a Paper of Names for the Three: And so they both brought their several Glasses, and set them upon the Table.

Mr. Speaker appointed Sir Arthur Hesilrigg, Mr. Scot, Mr. Ralegh, and Mr. Sidney, to count the Papers in the Glasses of Twenty-one Members: Which being done, they report the Number of the Papers to agree with the Number of the House.

And the Four Members opened each Paper in the Glass, for the Twenty-one Members; and caused the Clerk to read each Name distinctly, and to write down each Name; aud with a strait Line drawn against that Name, to give one Stroke of the Pen cross the said Line, and as often as any Name was repeated, the Clerk did make another Stroke cross the said Line: And all the Names being read, Mr. Ralegh, Sir Arthur Hesilrig, Mr. Scot, Colonel Sydney, reported, That there are, in the said Papers, these One-and-twenty Persons, who have the greatest Number of Subscriptions; viz. Sir Arthur Hesilrig, Sir Henry Vane, Lieutenant-General Ludlow, Lieutenant-General Fleetwood, Major Salwey, Colonel Morley, Mr. Scot, Mr. Wallop, Sir James Harrington, Colonel Wauton, Colonel John Jones, Colonel Sydenham, Colonel Sydney, Mr. Nevill, Mr. Thomas Chaloner, Colonel Downes, Lord Chief Justice St. John, Colonel Thompson, Lord Commissioner Whitlock, Colonel Dixwell, Mr. Reynolds: Whereupon, the Question being put upon every one of them distinctly;

Resolved, That Sir Arthur Hesilrig be one of the Council of State:

That Sir Henry Vane be one of the Council of State:

That Lieutenant-General Ludlow be one of the Council of State:

That Lieutenant-General Fleetwood be one of the Council of State:

That Major Salwey be one of the Council of State:

That Colonel Morley be one of the Council of State:

That Mr. Scot be one of the Council of State:

That Mr. Wallop be one of the Council of State:

That Sir James Harrington be one of the Council of State:

That Colonel Wauton be one of the Council of State:

That Colonel John Jones be one of the Council of State:

That Colonel Sydenham be one of the Council of State:

That Colonel Sydney be one of the Council of State:

That Mr. Henry Nevill be one of the Council of State:

That Mr. Thomas Challoner be one of the Council of State:

That Colonel Downes be one of the Council of State:

That Oliver St. John, Lord Chief-Justice, be one of the Council of State:

That Colonel Thompson be one of the Council of State:

That the Lord Commissioner Whitelock be one of the Council of State:

That Colonel Dixwell be one of the Council of State:

That Mr. Reynolds be one of the Council of State:

Ordered, That the other Glass be sealed up: And that this Business be adjourned until Monday Morning next, at Eight of the Clock.

That the Tellers do forthwith burn, in the Speaker's Chamber, the aforesaid Papers of Subscriptions for the said Twenty-one Members now chosen; and report to the House.

They accordingly withdrew, with the said Names, into the Speaker's Chamber: and the other Names were sealed up in the Glass.

That the Committee of Safety be revived, and continued till Wednesday next.

Mr. Speaker acquaints the Parliament, That the Committee of Safety being dissolved, he hath received and opened several Letters directed to the said Committee.

Ordered, That the said Letters be referred to the Committee of Safety.

Easter Term.

The House took up the Debate upon the Bill for Continuance of this present Easter Term.

These Words, "The Judges sat in Court," were put out; and these Words, "Judges, authorized by Parliament, sat in Court," were added; And thereupon was read the Third time; and, upon the Question, passed: And is as followeth; "Be it enacted by this present Parliament, and by the Authority thereof, That this present Easter Term 1659 be continued, to all Intents and Purposes, as if Judges authorized by Parliament, satin Court."

Ordered, That this Bill be forthwith printed and published.

Great Seal.

Mr. Love, according to former Order, bringeth in the Great Seal last in Use in England.

Ordered, That the said Great Seal be forthwith broken.

Memorandum, That the said Great Seal was broken in several Pieces, the House sitting.

Mr. Love further presented, according to former Order, a new Great Seal.

Ordered, That Mr. Simonds, who made the New Great Seal now presented to the House, be referred to the Committee of Safety: Who are to consider, what is fit to be allowed the said Mr. Simonds, for the said Seal; and the Making thereof; and agree with him for the same; and to give Order for Payment thereof unto him, accordingly.

That the Consideration of the Debt claimed by Mr. Symonds, for making the former Great Seals of England, for which he remains yet unsatisfied, be referred to the Council of State, when the said Council shall be constituted.

A Bill for establishing a new Great Seal was read the First and Second time: And, after some Amendments at the Table, the Bill was read the Third Time; and, upon the Question, passed: Viz.

An Act for the Great Seal of England.

BE it enacted, by this present Parliament, and the Authority of the same, That the Seal, on the one Side whereof is engraven the Maps of England, Ireland, and the Isles of Jersey, Guernsey, and Man, with the Arms of England and Ireland; and this Inscription; viz. "The Great Seal of England, One thousand Six hundred Fifty-one;" and, on the other Side, the Sculpture of the Parliament sitting, with this Inscription; viz. "In the Third Year of Freedom, by God's Blessing restored, One thousand Six hundred Fifty one;" shall, from henceforth, be the Great Seal of England, and none other; and shall be, and is hereby authorized and established to be, of the like Force, Power, and Validity, to all Intents and Purposes, as any Great Seal of England hath heretofore been or ought to be.

Ordered, That William Lenthall Speaker of the Parliament, be, and is hereby nominated, constituted, and appointed Keeper of the Great Seal of the Commonwealth of England; to have, hold, exercise, and enjoy the said Office to the said Wm. Lenthall, from this Fourteenth Day of May 1659, for the Space of Eight Days from hence next ensuing, and no longer; and that in as full, ample, and beneficial Manner, to all Intents and Purposes, as any Lord Chancellor of England, Lord Keeper or Lords Commissioners of the Great Seal, may, might, should, or ought to have held, exercised, or enjoyed the same.

Judges.

The House took up the Debate concerning appointing Judges for Courts of Justice.

Resolved, That a Patent be forthwith prepared, for constituting and making Mr. Justice Atkins one of the Justices in the Court of Common-Pleas, by Authority of Parliament; to continue till the last Day of June next ensuing.

Resolved, That a Patent be forthwith prepared, for constituting and making Mr. Serjeant Newdigate Justice in the Court of Upper-Bench, by Authority of Parliament; to continue till the last Day of June next ensuing.

Resolved, That a Patent be forthwith prepared, for constituting and making Mr. Serjeant Parker Baron in the Court of Exchequer, by Authority of Parliament; to continue till the last Day of June next ensuing.

Resolved, That a Patent be forthwith prepared, for constituting and making Mr. Archer one of the Justices in the Court of Common-Pleas, by Authority of Parliament; to continue till the last Day of June next ensuing.

Ordered, That Mr. Speaker, Keeper of the Great Seal, do forthwith seal them Patents accordingly.

Indemnity.

Ordered, That Mr. Serjeant Hill, Mr. Scot, Mr. Say, Mr. Martin, Sir Henry Vane, Sir Arthur Hesilrig, Colonel Downes, Mr. Blagrave, Mr. Lechmere, Colonel Sydney, Colonel Sydenham, Major Salwey, Colonel Morley, Colonel Dove, Sir Robert Goodwin, Sir James Harrington, Colonel Waite, Colonel Dixwell, Mr. John Corbett, Mr. Philip Smith, Mr. Garland, Colonel Bennet, Colonel John Jones, Lieutenant-General Ludlow, Dr. Palmer, or any Eight of them, are a Committee to bring in an Act of Indemnity and Pardon, for what hath been acted or done, during these late Times; with such Qualifications as shall be fit for the Consideration of the Parliament: And the especial Care hereof is referred to Mr. Hill and Mr. Lechmere: And the said Committee are to meet on Monday next, at One of the Clock in the Afternoon, in the Speaker's Chamber; and so de die in diem.

Council Seal.

Ordered, That a Seal be forthwith prepared for the Council of State: And that the Care of preparing the same be left to Mr. Love.