House of Commons Journal Volume 4: 1 January 1645

Die Mercurii, Januarii 1, 1644.

Prayers.

THE humble Petition of Captain John Hotham, condemned to die, desiring the Extremity of the Sentence of Death to be mitigated into Fine and Banishment, was this Day read. It was further desired, That he might be reprieved.

Ordered, That Mr. Speaker shall give his Warrant to the Brother of Sir Alexander Denton, for a HackneyCoach, with Six Horses, and a Postilion, to carry the Body of Sir Alexander Denton, who is dead in Prison, to Burial.

Ordered, That the Copies of the Reasons of the Dissenting Brethren be delivered to the Members of either House, by the Scribes of the Assembly: And that the Charge be cast in with other Charges of the Assembly: For which the Sum of an Hundred Pounds is ordered to be advanced unto the Scribes, upon Account.

The House being informed, That divers Divines of the Assembly were at the Door;

They were called in: And Doctor Burges did present an Appendix, touching Days and Places for Publick Worship; the which they desire may be added to Directory for Publick Worship: The which was read; and, upon the Question, passed; and ordered to be annexed to the Directory for Publick ....; and to be sent to the Lords for their Concurrence.

Sir Anth. Irby is appointed to carry up to the Lords the Ordinance for Continuance . . . the Ordinance for Martial Law; and to desire a free Conference, concerning the Matter of the last Conference touching the Archbishop of Canterbury.

Ordered, That it be referred to the Committee of plundered Ministers, to consider of some Days to be appointed for Days of Relaxation for Servants and Apprentices.

Ordered, That Mr. Speaker, and also the Committee of both Kingdoms, do write Letters to the Committees in Sussex, Surrey, and Hantshire; to quicken them in provideing and sending away the Dragoons designed for the West, out of those Counties, with all Expedition: And Sir Walter Earle is to bring in Letters, to be subscribed by Mr. Speaker, to this Purpose.

Ordered, That a Report be made, To-morrow, concerning the Earl of Manchester's Narrative: And also, that the Letters from the Crown of Swede be read To-morrow Morning, the first Business: And that Mr. Speaker put the House in mind hereof.

Resolved, That the House be resolved into a Grand Committee, to take into Consideration the Report concerning the Ascertaining of the Pay of the Lord Fairfaxe's Army; and the other Papers concerning the North.

Mr. Rous carried up to the Lords, for their Concurrence, the Ordinance for taking away the Book of Common Prayer, and for establishing a Directory for the Publick Worship of God in the Three Kingdoms, in the place thereof; and likewise the Directory itself, thereunto annexed; and likewise the Order concerning the Printing, and Distributing to the Members, the Reasons of the Dissenting Brethren; and the Solutions and Answers of the Assembly.

Resolved, &c. That the Commissioners for Martial Law be desired to certify, To-morrow, the State of the Cause concerning Roger Le Strange.

The Lords Concurrence to be desired herein.

Sir Jo. Evelyn carried it up to the Lords: Who was likewise to desire a free Conference upon the Matter of the last Conference concerning the Archbishop of Canterbury; and to desire them to pass the Ordinance for continuing the Ordinance for Martial Law; and to acquaint them, that the Power of the former Ordinance determines To-morrow.

Sir Anth. Irby brings Answer, That the Lords will send Answer by Messengers of their own, to the Ordinance for continuing the Ordinance for Martial Law.

Resolved, &c. That it be referred to the Committee for regulating my Lord General's Army, where Mr. Tate has the Chair, to examine and consider of the Matter of Fact of the Reprieve of Sir Jo. Hotham; and by what Means it was procured.

Sir John Evelyn brings Answer, That the Lords do agree to the Message concerning Roger Le Strange; do agree to a free Conference concerning the Archbishop of Canterbury, To-morrow at Nine of Clock: And, as to the Ordinance for Martial Law, they will send Answer by Messengers of their own.

A Message from the Lords, by Serjeant Whitfield and Serjeant Finche;

The Lords having received a Message from this House, that the Proceedings in the Cause of Roger Le Strange should be certified; to which they have agreed; they do desire this House to concurr with them, that the Execution of the Sentence given against Roger Le Strange may be respited for Six Days, after the Certificate from the Commissioners of Martial Law shall be delivered in to both Houses.

Ordered, That the Business concerning the Lord Fairefaxe's Army; and the Coal Business; and the Business concerning Newcastle; be taken into Consideration Tomorrow Morning.

Mr. Ellis brings Answer, That the Lords do agree to the Order for Discharge of the Delinquency of Mr. Thomas Playters; To the Names of the Gentlemen to be added Committees for the County of Derbye; That the Commissioners for the Great Seal shall give Order for the issuing the Commissions to the Sheriffs.

Ordered, That the Committee for regulating my Lord General's Army, where Mr. Tate has the Chair, to whom is referred the Examination of the Matter of Fact touching the Reprieve of Sir Jo. Hotham, shall have Power to examine the Lieutenant of the Tower in that Business.

Answer returned by the ... Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.

Mr. Browne, Mr. Serjeant Wilde, Mr. Maynard, Mr. Niclas, are appointed Managers, and Reporters of the free Conference to be had To-morrow, at Nine of Clock, concerning the Archbishop of Canterbury.

Resolved, &c. That no Judge, or Minister of Justice, constituted and established by Ordinance of Parliament, that fits and executes by Ordinance of both Houses of Parliament, shall or ought to stay the Execution of Justice upon any Order from either House, unless there be a Concurrence of both Houses in the said Order.

Ordered, That this Order be forthwith sent to the Lieutenant of the Tower; the Commissioners and Officers of the Court Martial; and to all other Officers constituted by Ordinance of Parliament.

Resolved, &c. That Execution be done upon Sir John Hotham, according to the Sentence and Directions of the Commissioners for Martial Law, notwithstanding any Order or Warrant of Reprieve from either House of Parliament.

Ordered, by the Lords and Commons, assembled in Parliament, That Three hundred, and no more, of the Reasons of the Dissenting Brethren against the Third Proposition touching Presbyterial Government over many particular Congregations, and the Answer and Solutions of the Assembly to the said Reasons, be forthwith printed: And that the Care of the exact Printing thereof be referred to Mr. Byfeild: Who is to deliver them out to the particular Members of both Houses of Parliament, and to no other Persons, taking a Note of the Names of the Members that receive them: And the Printer is injoined not to print more than the said Number at his Peril.

And it is further Ordered, That no Man presume to reprint, or any way divulge or publish, the said Reasons and Answers, or any Part of them, till further Order be taken herein by either or both Houses of Parliament.