House of Commons Journal Volume 7: 6 March 1660

Tuesday, March 6th, 1659.

Prayers.

Custos Brevium.

THE Question being propounded, That the Office of Custos Brevium, in the Court of Common Pleas, now in the Possession of John Trevor Esquire, shall be held and executed by the said John Trevor, upon Account, under the Parliament: And that the Lords Commissioners of the Great Seal do pass a Patent to him of the said Office, under the Parliament, under the Great Seal, accordingly: And that the said John Trevor shall have, take, and enjoy, One Moiety of the Profits of the said Office, for his Pains to be taken in Execution of the said Office; and that the other Moiety of the Profits of the said Office be answered to the Commonwealth:

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 being put;

The House was again divided.

The Yeas went forth.

So it was Resolved, That the Office of Custos Brevium, in the Court of Common Pleas, now in the Possession of John Trevor Esquire, shall be held and executed by the said John Trevor, under the Parliament, upon Account: And that the Lords Commissioners for the Great Seal do pass a Patent to him of the said Office, under the Parliament, under the Great Seal, accordingly: And that the said John Trevor shall have, take, and enjoy, One Moiety of the Profits of the said Office, for his Pains to be taken in Execution of the said Office; and that the other Moiety of the Profits of the said Office be answered to the Commonwealth.

Sheriffs.

Resolved, That Mathew Heale Esquire be, and is hereby, nominated and approved of to be Sheriff for the County of Devon for the Year ensuing: And that the Lords Commissioners for Custody of the Great Seal do pass a Patent to him, under the Great Seal, to be Sheriff of the said County of Devon, accordingly.

Resolved, That Wm. Okeley Esquire be, and is hereby nominated and approved of to be, Sheriff for the County of Salop, for the Year ensuing: And that the Lords Commissioners for Custody of the Great Seal do pass a Patent to him, under the Great Seal, to be Sheriff of the said County, accordingly.

Mr. Ansley reports from the Council of State;

Col. Lambert.

THAT Monday, March 5th, 1659, Colonel John Lambert was called into the Council, to give Security, according to the Order of Parliament, of the First of March instant: Which being accordingly propounded unto him by the Lord President, he spake to this Effect:

That he did acknowlege he had had the Advantage of a Sight of those Votes which passed the House concerning him; and did look upon them as a very great Favour and Justice from the House, that they would please to take notice so far, as to remove that Inconvenience that was both upon his Person and his Estate: And said, He must needs deal freely and plainly; that he did cast himself upon the Parliament, and now upon the Council, in hopes of a further Testimony of their Favour, than upon those Votes. He said, He did not at all think it amiss, that there should be all Care taken, to preserve the Peace of these Nations; for he had himself, when he was in that Station, held it his Duty to do so: That, whatever may be suggested against him, he hath his own Satisfaction within him: Whatever Reports may be concerning him, he conceives they do not extend towards him; for, as to Reports, he cannot be safe, either here, or at his House, if all Reports may be taken for Truth. He said, That, for his own Part, he can hardly say, that since he last came to Town, and more especially within fewer Days since, That he hath not said any thing, nor meddled in any thing, that might tend to hinder Settlement; but, on the contrary, as he had Opportunity to converse with any, he contributed in his Discourse towards Settlement, and no otherwise. He said, He did exercise Plainness, and hoped not to fare the worse for it: That he had a long time contended for a due and moderate Liberty for the People of these Nations; and he must needs say, that he did not know how to put a Difference betwixt himself, and the good People of these Nations: He desired his Case may be truly and fully known, before such a Distinction be made, to put a Mark or Character upon him. He said, That common Liberty had, Day after Day, been granted unto others, but not to him. He did freely cast himself upon the Ingenuity of the Parliament and Council.

Having ended his Discourse, the Lord President desired his Answer, as to what Security he would give. To which he replied, It was not fit for him to argue: That he understood the Council were under Command from the Parliament; and he did not yet know, whether his Case was well stated to the Parliament: "I shall clearly, however, submit to what you do:" That he knew not what kind of Security the Council did intend: That giving Security in this kind, was very strange unto him. Hereupon he withdrew.

That the Council, after Consideration of what Colonel Lambert had said, came to this Resolution; To propose unto him to enter into a Bond of Twenty thousand Pounds, with Four good Securities, upon Condition to live peaceably at his House at Wimbleton; and not to act any thing to the Prejudice of the Government, or Disturbance of the Publick Peace; and not to remove from Wimbleton, without Leave of the Parliament, or Council of State: and to render himself upon Summons from the Parliament, or Council of State: And this Bond to continue in Force, till the Parliament or Council give further Order to the contrary.

Hereupon Colonel Lambert was called in again; and the Resolution of the Council made known unto him, by the Lord President. And he, desiring Leave to speak a few Words, spake to this Effect;

That he desired to take the Freedom to say, That it was severe on his Part: That he had met To-day with an Ordinance of Parliament of Indemnity to many Persons who have had their Hands in several Actions of higher Nature than himself had: He found them all indemnified, and restored to the same Condition which formerly they had been in. He said, He would not say, that That Ordinance did reach as to his Person; it is not clear, whether it doth so or no. He said, He was unwilling to give it under his Hand, that he deserved not to be put into the Condition with others; and though there have been among ourselves Differences of Judgment, Ways, and Forms; yet, as to the main Point, he said, he could not be taxed in the least kind: That he finds himself there equally with the greatest Offender: That he did cast himself upon the Council, to dispose of him as they thought fit. And then he withdrew.

And the Council thereupon resolved to call in Colonel Lambert once more; and positively to demand of him, Whether he would give Security, as was lastly propounded unto him.

Whereupon he was called in; and accordingly the Lord President acquainted him with the Resolution of the Council: To which he replied, He did believe, that he could not procure the Security proposed: That he did not hear of a Fault assigned to him: Therefore he desired Leave to petition the House; adding, That if he be found an Offender, he will submit; if none, he beseeches it may be considered: That he is not willing to give it under his Hand, that he is an Offender, though he freely submit to the Parliament's Pleasure: But, being unheard, uncharged, and untaxed, to write it under his Hand, that he is a guilty Person, not fit to be trusted in his own Country, without a Clog and Tie upon him, he knows not what to say to it: But he shall submit.

Being pressed again, Whether he would give that Security propounded; he said, He believed, he could not do it; Twenty thousand Pounds being a Sum that he believes he cannot get Sureties for.

Hereupon, after he was withdrawn;

Ordered, That Colonel John Lambert be forthwith committed to the Tower, till further Order, for refusing to give Security, according to the Order of Parliament; but instead of that, standing to justify his Innocency: And that a Warrant be prepared accordingly.

The humble Petition of John Lambert, Major-General, was read;

Resolved, That the Parliament doth approve of what the Council of State have done, in committing of Colonel John Lambert to the Tower.

Sir A. Hesilrig.

Mr. Ansley also reports from the Council of State, That Sir Arthur Hesilrig hath the Command of a Regiment of Horse; and also hath Commission to be Governor of Barwick, Carlisle, and Tinmouth, Three considerable Garisons in the North of England: And that the Council of State do find his Name mentioned in some Information, sent unto the Council.

Resolved, That Sir Arthur Hesilrig do attend the Parliament To-morrow Morning.

Suspected Persons.

Resolved, That the Council of State be enjoined to take special Care of the Safety and Peace of the Nation; and to proceed vigorously, in securing such Persons as they shall think dangerous to the Peace and Safety of the Nation.

Col. Overton.

Resolved, That Colonel Overton be, and is hereby, discharged from being Governor of Hull: And that his Commissions to be Governor there, and to be Colonel of a Regiment of Foot, be, and are hereby, revoked, and made void.

Dunkirke.

Mr. Annesley reports from the Council of State, The State of the Case touching the Payment of Twelve hundred Pounds per Week, for the Subsistence of the Forces of the Garison of Dunkirke: Which was read; and was as followeth:

THAT Twelve hundred Pounds per Week hath been paid for the necessary Subsistence of the Forces there, by Orders from the late Council of State; which have extended to the Twenty-seventh of February last; and particularly, That, by the Council of State, sitting the Twentieth of October One thousand Six hundred and Fiftynine, Order was then taken for paying, at the Receipt of the Exchequer, out of the Moiety of the Excise of Beer, Ale, Perry, Cyder, and Metheglin, not already assigned for the Use of the Navy, the said Sum of One thousand Two hundred Pounds weekly, till further Order; to be by him transmitted to Dunkirke, for the Use of the Forces there: And that, on the Sixth of February last, it was resolved by the Parliament, That the Receipts of the Customs and Excise, saving so much of the same as shall pay the Judges Salaries, and other Payments already charged on those Receipts, shall go, and is hereby appointed for the Use of the Navy. And whereas the said Mr. Backwell is willing to undertake to continue the said weekly Payments at Dunkirke, so he may be secured out of the said Moiety of Excise; and albeit the Council judge it very expedient to the Subsistence and Security of that Garison, that the said weekly Payments be continued from the said Twenty-seventh of February last; yet they desiring, before they give Order therein, to receive the Pleasure of the House upon the Case so stated;

Resolved, That the Parliament doth declare, That the Sum of Twelve hundred Pounds by the Week shall continue and be paid weekly, for the necessary Subsistence of the Forces of the Garison at Dunkirke, at the Receipt of the Exchequer, out of the Moiety of the Excise of Beer, Ale, Perry, Cyder, and Metheglin, for One Month.

Navy Commissions.

Resolved, That the Commissions granted to the Generals at Sea be, To obey such Orders as they shall, from time to time, receive from the Parliament, or Council of State.

The House adjourned till Three Clock.

Tuesday, March 6th, 1659; Afternoon.

Customs.

ORDERED, That Colonel White do report the Business touching the Two Queries made by the Commissioners of the Customs, To-morrow Morning, the First Business.

Militia Commissioners.

Colonel John Birch reports, Names of the Commissioners for the Militia in the County of Surrey: Which were read; and, upon the Question, approved.

Persons taken with Arms.

Mr. Speaker acquaints the Parliament, That divers Persons with Store of Arms are apprehended; and are at the Door.

Resolved, That the Serjeant at Arms attending the Parliament do detain the Persons taken with the Arms, until the Council of State do sit: And that nobody be permitted to speak with them.

Militia Commissioners.

Colonel John Birch also reports, Names of Commissioners for the Militia of North Wales: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia of South Wales: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia for the County of Bedford: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia for the County of Carmarthen: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia for the County of Hertford: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia for the County of Berks: Which were read; and, upon the Question, approved.

Militia Commissioners.

He also reports, Names of Commissioners for the Militia for the County of Kent: Which were read; and, upon the Question, approved.

Resolved, That Justinian Beard, Christopher Ceely, Timothy Alsop, William Yee, and Wm. Putt, be added Commissioners for the Militia for the Town of Plymouth in the County of Devon.

Resolved, That Dr. Wm. Turner be added a Commissioner for the Militia in the County of Surrey.

Colonel John Birch also reports, Names of Commissioners for the Militia in the County of Suffolk: Which were read; and approved.

He also reports, Names of Commissioners for the Militia in the County of Southampton: Which were read.

He also reports, Names of Commissioners for the Militia for the County of Nottingham, and for the County of the Town of Nottingham: Which were read.

He also reports, Names of Commissioners for the Militia for the County of Derby: Which were read; and, upon the Question, approved.

He also reports, Names of Commissioners for the Militia for the County of Monmouth: Which were read; and approved.

He also reports, Names of Commissioners for the Militia for Bristoll: Which were read; and approved.

And also reports, Names of Commissioners for the Militia for the Town of Berwick: Which were read; and approved.

Resolved, That the Mayor of Shrewsbury, for the Time being, be inserted a Commissioner for the Militia for the Town of Shrewsbury.

Resolved, That Eliazer Carswell Gentleman, be added a Commissioner for the Militia for the County of Salop.

Colonel Birch reports, Names of Commissioners for the Militia for the County of Stafford: Which were read; and approved.

He also reports, Names of Commissioners for the Militia for the County of Hereford: Which were read; and approved.

He also reports, Names of Commissioners for the Town and County of Southampton: Which were read; and approved.

He also reports, Names of Commissioners to be added Commissioners for the Militia in the City of London: Which were read; and approved.

Resolved, That Mr. Henry Ashurst be added a Commissioner for the Militia for the City of London.

Ordered, That if the Members who serve for any County, do not present Commissioners for the Militia; That then the Gentlemen who serve for any other County, do bring in Names to be inserted into the Bill.

Lord Fawkland.

Ordered, That the Pistols, Saddles, and other Goods, that were taken from the Lord Fawkland, in or since August last, be restored to him; and that he take them where he finds them.

Army Pay.

Ordered, That the Fortnight's Pay formerly ordered to the Two County Troops of Oxfordshire be forthwith paid unto them: And that the Committee for the Army do take care to pay it, accordingly.

Cust. Rot. of Bedfordshire.

Resolved, That the Lord of Bedford be, and is hereby, constituted Custos Rotulorum for Bedfordshire; to hold and enjoy the same in as full and ample Manner, as any other Person or Persons formerly held or enjoyed the same: And that Colonel John Okey be, and is hereby, discharged of being Custos Rotulorum of the said County.

Commrs of Assessment.

Ordered, That William Beecher Esquire, St. John Thompson Esquire, St. John Charnock Esquire, Henry Chester Esquire, Oliver Luke Esquire, Sir William Palmer, Sir Thomas Alston Knight and Baronet, John Alston Esquire, John Neale Esquire, John Harvey Esquire, William Butler Esquire, Walter Robert Esquire; Edward Cater Esquire, and Sam. Bedford be, and are hereby, nominated and appointed Commissioners for the Assessment for the County of Bedford: And that they, and every of them be, and are hereby, impowered and authorized, to sit and act as Commissioners for the Assessments, as fully to all Intents and Purposes, as if they had been named in the Act, intituled, An Act for an Assessment of One hundred thousand Pounds, by the Month, upon England Scotland, and Ireland, for Six Months.