House of Commons Journal Volume 7: 26 July 1659

Tuesday, July the 26th, 1659.

House to keep Fast.

RESOLVED, That To-morrow Sevennight be set apart for a Day of Fasting and Humiliation, to be solemnized in this House, by the Members of this House.

Preachers appointed.

Resolved, That Mr. Caryll be desired to be assisting in carrying on the Work of Fasting and Humiliation, in this House, To-morrow Sevennight.

Resolved, That Dr. Owen be desired to be assisting in carrying on the Work of Fasting and Humiliation, in this House, To-morrow Sevennight.

Resolved, That Mr. Lockyer and Mr. Cooper be desired to be assisting in carrying on the Work of Fasting and Humiliation, in this House, To-morrow Sevennight.

Ordered, That Colonel Sydenham be desired to give Notice hereof to Dr. Owen and Mr. Lockyer.

Ordered, That Colonel Thompson be desired to give Notice to Mr. Cooper and Mr. Caryll.

General Fast.

Ordered, That Wednesday the One-and-thirtieth of August 1659, be set apart for a Day of solemn Fasting and Humiliation throughout England, Scotland, and Ireland: And the good People of this Nation are hereby invited to join in this Duty; and to humble themselves for the great Provocations and Sins that are committed against God; and to seek the Blessing of God upon the Counsels and Affairs of this Commonwealth.

Resolved, That this Vote be printed and published: And that it be referred to the Council of State, to take care, that this Vote be published in the respective Cities, Boroughs, Towns, Parishes, and Places, throughout England, Scotland, and Ireland.

State of the Government.

Resolved, That the House be resolved into a Grand Committee, upon the Government, on Thursday Sevennight: And that Mr. Speaker do then forbear to take the Chair.

Army Appointments.

Sir Henry Vane reports, A List of the Names of the Commission-Officers for a Foot-Regiment in the Hamlets in the Tower of London, and of a Troop of Horse: Which was read; and is as followeth; viz.

Field-Officers.

Major Wm. Bridges, Colonel; Mr. Richard Kitlebuter, Lieutenant-Colonel; Mr. Tho. Wilkinson, Serjeant-Major.

Captains.

Mr. Tristram Maye, First Captain; Mr. Simon Hutchinson, Second Captain; Mr. John Cane, Third Captain.

Lieutenants.

Mr. Robert Norman, Captain Lieutenant; Mr. Tho. Gwyn, Lieutenant; Mr. John Leadman, Lieutenant; Mr. John Slater, Lieutenant; Mr. John Merihurst, Lieutenant; Mr. Tho. Meeres, Lieutenant.

Ensigns.

Mr. Nicholas Fordham, Mr. John Jakeman, Mr. John Steavens, Mr. Tho. Pagett, Mr. George Halloway, Mr. Wm. Hazard.

Wm. Spilman, Marshal to the Regiment.

Officers for a Troop of Horse.

Mr. Robert Wakelin, Captain; Mr. John Adis, Lieutenant; Mr. Nathaniel Horseman, Cornet; Mr. Robert Walley, Quarter-master.

London Militia.

Major-General Skippon reports, A List of Officers of Horse, presented from the Militia of London: Which was read; and is as followeth; viz.

Alderman John Ireton, Colonel; * Oram, CaptainLieutenant; Henry Wharton, Cornet; Tho. Walker, Quarter-master.

John Child, Major; John Adis, Lieutenant; Joshua Lasher, Cornet.

Wm. Meade, Captain; Jonathan Hooper, Lieutenant; Robert Cabbell, Cornet.

Hugh Mason, Captain; Richard Middleton, Lieutenant; Edmund Hiller, Cornet.

Nicholas Roberts, Captain; Ralph Kendall, Lieutenant; Robert Pascall, Cornet.

Stephen Henbury, Captain; Jeremy Ives, Lieutenant; Edward Symons, Cornet.

He also reports, Another List of Commission-Officers of Foot, not yet presented for Approbation: Which was read; and is as followeth; viz.

Thomas West, for Captain in the Regiment of Colonel Owen Rowe.

Robert Watton, for Captain in the Regiment of Colonel John Owen.

James Stanford, for Captain in the Regiment of Colonel George Langham.

Thomas Sherman, for Serjeant-Major of the Regiment of Colonel John Foach.

Edward Bellamy, for Captain in the Regiment of Colonel John Mew.

John Fenton, for Colonel of a Regiment of Foot.

Militia Commissions.

The House being informed, That the Lord Mayor of London, and divers Commission-Officers of Horse of the Militia of London, were at the Door;

They were called in: And, being come up to the Clerk's Table, Mr. Speaker acquainted them with the great Trust reposed in them; and that the Parliament expected Faithfulness from them to the Parliament and Commonwealth: And thereupon Mr. Speaker delivered to them their Commissions; viz.

To Colonel John Ireton, his Commission to be Colonel of a Regiment of Horse:

To Major John Child, his Commission to be Major of the Regiment:

To Captain Nicholas Roberts, his Commission to be Captain of a Troop of Horse:

To Captain Wm. Meade, his Commission to be Captain of a Troop of Horse.

To Captain Stephen Hanbury, his Commission to be Captain of a Troop of Horse:

To Captain Hugh Mason, his Commission to be Captain of a Troop of Horse.

Tower Hamlets Militia.

Ordered, That the several Lists of Commission-Officers for the Foot-Regiment in the Hamlets of the Tower of London, and of Officers of Horse and Foot from the Militia of London, be taken into Consideration To-morrow Morning: And that the Commissions be brought in both for Horse and Foot To-morrow Morning.

Army Appointments.

The House took into Debate the List of Commission Officers formerly reported, wherein Colonel Robert Gibbon is named Colonel of a Regiment; and of Commission-Officers in the said Regiment: Which List was read: And the Names of every Officer, being severally put to the Question, were agreed upon.

Southwarke Militia.

Colonel Thompson reports, A List of Names of Commission-Officers from the Commissioners for the Militia of the Borough of Southwarke, and Parishes adjacent: Which was read; and is as followeth; viz.

Tho. Walker Esquire, Colonel; John Parker, Lieutenant; Joseph Hull, Ensign.

John Sanden Esquire, Lieutenant-Colonel; Sam. Browne, Lieutenant; David Dorrell, Ensign.

Edward Brent Esquire, Major; David Dowley, Lieutenant, Isaac Boulton, Ensign.

Wm. Smiter Esquire, Captain; Bennet Hull, Lieutenant; Thomas Cowell, Ensign.

John Shorter Esquire, Captain; Edward Farrall, Lieutenant; Tho. Kent, Ensign.

Edward Leader Esquire, Captain; Robert Goodale, Lieutenant; Tho. Withinbrooke, Ensign.

Army Commissions.

The House being informed, That divers Officers of the Army were at the Door;

They were called in: And being come up to the Clerk's Table, in usual manner, Mr. Speaker acquainted them with the great Trust reposed in them; and that the Parliament and Commonwealth expected Faithfulness from them to the Parliament and Commonwealth: And thereupon delivered unto them their Commissions; viz.

To Colonel Robert Gibbon, his Commission to be Colonel of a Regiment of Foot:

To Serjeant Major John Chamberlayne, his Commission to be Serjeant-Major of that Regiment:

To Captain Robert Peacock, his Commission to be Captain of a Company in that Regiment:

To Captain Robert Heath, his Commission to be Captain of a Company in that Regiment:

To Lieutenant John Dobert, his Commission to be Lieutenant of a Company of Foot in Portsmouth:

To Captain Tho. Hurst, his Commission to be Captain of a Company in Portsmouth:

To Thomas Newbery, his Commission to be Keeper of the Stores in the Garison of Portsmouth:

To Lieutenant Abraham Peeters, his Commission to be Lieutenant of a Company in Portsmouth:

To Cornet John Gregory, his Commission to be Cornet of a Troop in Colonel Rich his Regiment:

To Cornet Wm. Whittington, his Commission to be Cornet of a Troop in the same Regiment:

To Lieutenant John Sherman, his Commission to be Lieutenant of a Troop in the same Regiment:

To Richard Kingdon, his Commission to be JudgeAdvocate in Ireland:

To Quarter-master Charles Phelpes, his Commission to be Quarter-master of a Troop in Colonel Rich his Regiment:

To Captain Robert Vessey, his Commission to be Commander of the Constant Warwick Frigate.

Ricard's Castle Rectory.

Mr. Weaver reports from the Committee for plundered Ministers, That, upon hearing Parties on both Sides in the Case concerning the Presentation of Mr. Jonathan Jenner, by Richard Salwey Esquire, to the Rectory of Ricard's Castle in the Counties of Hereford and Salop, formerly sequestered from Mr. Thomas Smith to Mr. Wm. Woodward, it appears,

The Rectory of Rickard's-Castle aforesaid being sequestered from the said Thomas Smith, by the Committee of the County of Salop, this Committee for plundered Ministers did, the Twenty-fourth of June 1649, order That the said Rectory, sequestered from the said Mr. Thomas Smith, should, with its Profits, thenceforth stand sequestered to the Use of Mr. Wm. Woodward, until further Order:

That the said Thomas Smith died the Ninth Day of April, 1658; and that Richard Salwey Esquire did, the One-and-twentieth Day of June next following, under his Hand and Seal, present to the said Rectory the said Mr. Jonathan Jenner; who is certified, under the Hands of divers godly Persons, and particularly Dr. Owen, Dr. Rogers, Dr. Conant, and Mr. Thankful Owen, to be, upon Trial had of his Abilities, and Work of Grace in him, a godly and able Preacher of the Gospel:

That the Thirtieth of June last, the said Committee, being informed, That the said Mr. Woodward made use of the said Order, since the Death of the said Mr. Smith, to keep the said Mr. Jenner out of Possession of the said Rectory, though presented thereunto by the lawful Patron, did thereupon order the said Mr. Woodward to shew Cause, upon the Sixteeenth of July instant, wherefore he should not quit the Possession of the Premises to the said Mr. Jenner; and directed the Securing of the Profits of the said Rectory in the mean time:

That, upon the said Sixteenth of July, the said Wm. Woodward did appear by Mr. John Booth, his Solicitor; and agreed that the said Wm. Woodward claimed by the said Order of the Twenty-fourth of June 1649; and that the said Thomas Smith is deceased; and that the said Richard Salwey is the rightful Patron; and hath presented the said Jonathan Jenner; but desired further Time; which was granted, till the Twenty-fifth instant. But the said Mr. Woodward appeared not; but continues to keep Possession against the said Mr. Jenner.

The Premises considered, this Committee have declared, That their said Order of the Twenty-fourth of June 1649, whereby the said Rectory of Rickard's-Castle, sequestered from the said Thomas Smith to the Use of the said Wm. Woodward, as aforesaid, did, upon the Decease of the said Thomas Smith, determine, and become void.

And whereas this Committee are satisfied, as well by the Confession of the said Mr. Booth, Solicitor to the said Mr. Woodward, as otherwise, That Richard Salwey Esquire is the undoubted and rightful Patron; and hath, in pursuance of his Right, upon the Decease of the said Mr. Smith, presented the said Mr. Jonathan Jenner to the said Rectory:

This Committee have further declared, That the said Wm. Woodward ought to have delivered quiet Possession of the said Rectory, with its Rights. Members, and Appurtenances, unto the said Jonathan Jenner: And the said Mr. Woodward is required and enjoined forthwith to do the same:

All which this Committee do humbly offer to the Parliament, for their Approbation: And that it would please the Parliament to enjoin the said Mr. Woodward to deliver up the Possession of the Premises to the said Jonathan Jenner, accordingly; any thing since the Twentieth of April 1653 to the contrary notwithstanding: And that all Persons concerned be required to take Notice thereof, and yield Obedience thereunto.

Resolved, upon the Question, That the Parliament doth agree with the said Committee; and doth approve of their Proceedings touching the same: And, it is

Ordered and Declared, by the Parliament, That Mr. Wm. Woodward, who was possessed of the Rectory of Rickard's-Castle in the Counties of Hereford and Salop, upon the Sequestration of Mr. Thomas Smith, since deceased, ought, and he is hereby required and enjoined, forthwith to deliver up the quiet and peaceable Possession of the Parsonage-House of the said Rectory of Rickard's Castle, with the Glebe-Lands, Tythes, and all other the Rights, Members, and Appurtenances, to the said Rectory belonging or appertaining, unto Mr. Jonathan Jenner; any thing since the Twentieth of April 1653 to the contrary notwithstanding: And it is further

Ordered, by the Parliament, That the Sheriffs of the said Counties of Hereford and Salop respectively be, and are hereby, required and enjoined forthwith to put the said Jonathan Jenner into the quiet Possession of the said Parsonage-House of the said Rectory, with the GlebeLands, Tythes, and other Profits thereunto belonging, accordingly.

And all Ministers of Justice, and every other Person and Persons that are or may be concerned in the Premises, are hereby required and enjoined to take Notice hereof, and to yield Obedience, accordingly.

Resolved, That the House do rise for Two Hours.

Tuesday, July 26th, 1659; Afternoon.

Leave of Absence.

ORDERED, That Mr. Gurdon have Leave to go into the Country.

Army Commissions.

The House being informed, That divers Officers of the Army were at the Door;

They were called in: And, coming up to the Clerk's Table, in usual manner, Mr. Speaker acquainted them with the great Trust reposed in them by the Parliament; and that the Parliament and Commonwealth expects Faithfulness from them to the Parliament and Commonwealth: And thereupon Mr. Speaker delivered unto them their Commissions; viz.

To Ensign Wm. Mabison, his Commission to be Ensign of a Company in Colonel Gibbon's Regiment:

To Lieutenant Robert Ceeley, his Commission to be Lieutenant of a Company in that Regiment:

To Ensign Wm. Hamon, his Commission to be Ensign in the same Regiment:

To Ensign Charles Bodeley, his Commission to be Ensign of a Company of Foot in the same Regiment:

To Captain John Gibbon, his Commission to be Captain of a Company of Foot in that Regiment:

To Captain John Corker, his Commission to be Captain of a Company of Foot:

To Lieutenant Oliver Meade, his Commission to be Lieutenant of a Company of Foot in this Regiment:

To Daniell Booker, his Commission to be Lieutenant of a Company in this Regiment:

To Samuel Bedford, his Commission to be Surgeon to Colonel Gibbon's Regiment.

Militia.

The House resumed the Debate upon the Bill for settling the Militia in England and Wales.

The Enacting Clause, "To compel the Tenant to pay, in case the Landlord refuseth to pay, or perform the Order of the Commissioners for the Militia," was this Day read the Second time.

The Question being put, That, next after the Word "Contract," these Words, "for the Payment of Rent only," be added in the * Line, in this Clause;

The House was divided.

The Yeas went forth.

So it passed with the Negative.

And the said Clause, being put to the Question, was agreed unto.

The Proviso, at the End of the said Clause, was read the Second time.

Resolved, That the Blank in this Clause be filled up with "Fourteen."

Resolved, That these Words, "or who shall desire not to," be added, next after the Word "*."

And the said Clause, so amended, being put to the Question, was agreed unto; and ordered to be Part of the Bill.

Resolved, That John Urlin be added a Commissioner for the Militia of Northampton.

Resolved, That James Harrington, of Staines in the County of Middlesex, Esquire, be added a Commissioner for the Militia in the County of Middlesex.

Resolved, That Alderman Gamble be added a Commissioner for the County of the Town of Nottingham.

Resolved, That * Slater Esquire be added a Commissioner for the County of Nottingham.

Resolved, That Mr. Wm. Bendy be added a Commissioner for the Militia for the County of Worcester.

Resolved, That John Garret be added a Commissioner for the County of Oxon.

Resolved, That Wm. Arnopp of Flagg, Tho. Bendish, Wm. Gore, Tho. Garret, John Shildrake the elder; be added Commissioners for the Militia in the County of Norfolk.

Ordered, That Timothy Norwich and Major Hezekiah, Heynes be added Commissioners for the Militia in the City of Norwich.

Ordered, That Tristram Dymond, Anthony Balaam, Henry Farrar, Tho. Danyell, Wm. Walsham, John Coxon, John Walsham of March, be added Commissioners for the Militia for the Isle of Ely, and County of Cambridge.

Resolved, That Nehemiah Bourne Esquire, and Dr. Philip Maidstone, be added Commissioners for the Militia in the County of Kent.

Resolved, That Henry Mott, Wm. Jesson, and Major Nath. Barton, be added Commissioners for the City and County of Litchfield.

Resolved, That the Title of the Bill be, "An Act for settling the Militia in England and Wales."

And the said Bill, being put to the Question, passed.

Ordered, That Sir James Harrington, Mr. Dormer, Mr. West, Mr. Say, Major Salwey, do take care to see, that the Bill be not miswritten.

Ordered, That this Bill be printed and published.