House of Commons Journal Volume 4: 17 June 1646

Die Mercurii, 17 Junii, 1646.

Prayers.

ORdered, That Sir Robert Binlosse shall have Leave to go into the Country for a Month.

Ordered, That, on Friday Morning next come Sevennight, the House do take into Consideration the Business concerning the Election of Knights and Burgesses for Cornewall; and the whole Matter of Elections for Supply of Knights and Burgesses where they want, and where they have none.

According to an Order Yesterday made, the House took into Consideration the Report, made by Mr. Whitlock, touching the Militia of the Kingdom.

And, upon Consideration of the Second Branch, and of the rest;

It is Resolved, &c. That the Second Branch shall stand thus; viz. To suppress any Foreign Forces who shall invade, or endeavour to invade, the Kingdoms of England and Ireland, Dominion of Wales, the Isles of Gernesey and Jernesey, and the Town of Barwick upon Tweed, or any of them.

Resolved, &c. That, after the Expiration of the said Twenty Years, neither the King, his Heirs or Successors, or any Person or Persons, by Colour or Pretence of any Commission, Power, Deputation, or Authority, to be derived from the King, his Heirs or Successors, or any of them, shall raise, arm, train, discipline, employ, order, manage, *, or dispose any of the Forces, by Sea or Land, of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Gernesey and Jernesey, and the Town of Barwicke upon Tweede; nor exercise any of the said Powers or Authorities in the precedent Articles mentioned and expressed to be, during the said Space of Twenty Years, in the said Lords and Commons; nor do any Act or Thing concerning the Execution of the said Powers and Authorities, or any of them; without the Consent of the said Lords and Commons first had and obtained.

Resolved, &c. That, after the Expiration of the said Twenty Years, in all Causes wherein both Houses of Parliament shall declare the Safety of the Kingdom to be concerned, and shall thereupon pass any Bill or Bills for the Raising, Arming, Training, Disciplining, Employing, Managing, Ordering, or Disposing of the Forces, by Sea or Land, of the Kingdoms of England and Ireland, the Dominion of Wales, Isles of Gernesey and Jernesey, and the Town of Barwicke upon Tweede, or of any Part of the said Forces; or concerning the Admiralty and Navy; or concerning the Levying of Monies for the Raising, Maintenance, or Use of the said Forces for Land-Service; or of the Navy and Forces for Sea-Service; or of any Part of them; and that the Royal Assent to such Bill or Bills, shall not be given in the House of Peers, within such Time after the Passing thereof by both Houses of Parliament, as the said Houses shall judge fit and convenient; that then such Bill or Bills so passed both Houses of Parliament, as aforesaid, and to which the Royal Assent shall not be given, as is herein before expressed, shall, nevertheless, after Declaration of both Houses of Parliament made in that Behalf, have the Force and Strength of an Act or Acts of Parliament; and shall be as valid, to all Intents and Purposes, as if the Royal Assent had been given thereunto. Provided, That nothing herein before contained shall extend to the Taking away of the ordinary legal Power of Sheriffs, Justices of the Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, or other Officers of Justice, not being military Officers, concerning the Administration of Justice; so as the said Sheriffs, Justices of Peace, Mayors, Bailiffs, Coroners, Constables, Headboroughs, or other Officers, nor any of them, do levy, conduct, employ, or command, any Forces whatsoever, by Colour or Pretence of any Commission of Array, or extraordinary Command, from his Majesty, his Heirs or Successors; without the Consent of both Houses of Parliament: And if any Persons shall be gathered and assembled together in warlike Manner, or otherwise, to the Number of Thirty Persons, and shall not forthwith disband themselves, being required thereunto by both Houses of Parliament, or Command from them, or any by them especially authorized for that Purpose; then such Person and Persons, not so disbanding themselves, shall be guilty, and incurr the Pains, of High-Treason, being first declared guilty of such Offence by both Houses of Parliament; any Commission under the Great Seal, or other Warrant, to the contrary notwithstanding: And he or they that shall offend herein, to be incapable of any Pardon from his Majesty, his Heirs or Successors; and their Estates shall be disposed as both Houses of Parliament shall think fit, and not otherwise.

Resolved, &c. That this Expedient concerning the Militia, thus agreed, shall be delivered to the Lords at a Conference.

Sir Robert Pye is appointed to go to the Lords, to desire this Conference, To-morrow Morning.

Mr. Whitlocke, Mr. Nath. Fiennes, Sir John Evelyn, Mr. Holles, are appointed Managers of this Conference.

The House took likewise into Consideration the Addition, desired by the Lords to be made to the Proposition concerning the employing and directing the Forces of the City of London by both Houses of Parliament: The which was read; and was, upon the Question, assented unto; and was in hæc verba; viz.

That no Citizens of the City of London, nor any of the Forces of the said City, shall be drawn forth, or compelled to go out of the said City or Liberties thereof, for military Service, without their own free Consent.

Ordered, &c. That the Report concerning Mr. Hudson's Business be made To-morrow Morning.

Ordered, &c. That the Report made by Mr. Holles, from the Conference with the Lords on Monday last, be taken into Consideration, the first Business, To-morrow Morning.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords have commanded us to bring you a Report from the Committee of the Admiralty, concerning Letters from the King to the Prince, intercepted; which their Lordships desire may be communicated to the Scotts Commissioners: A Report from the Committee of Lords and Commons for Foreign Affairs, concerning the Reception of the French Ambassador: Which they approve of; and desire your Concurrence. They have commanded us to put you in mind of the King's Letters, and the other Papers, delivered at the late Conference. They have returned you this Ordinance for Levying of Forces for Ireland: To which they have agreed, with these Amendments; wherein they desire your Concurrence. The Lords have granted a Pass to Doctor Collison to go beyond Sea to fetch his Wife and Family hither; to which they desire your Concurrence. They desire to put you in mind of an Ordinance for one Ingles for a Benefice. They have sent you an Ordinance for the Mayor of Banbury; to which they desire your Concurrence. They commanded us to put you in mind of the Propositions; and of Mr. Astley's Ordinance for a Benefice.

A Letter from Sir George Askew, of 16 Junii 1646, from Portsmouth, with a Pass, signed by his Majesty, and undersigned by the Lord Lanerick, unto one Oliver Mansell, of 2 Junii 1646; and a Letter from the King to the Prince, of 2 Junii, from Newcastle, inclosed in the said Letters; were read.

And it is Ordered, &c. That these Letters be read again, and taken into Consideration, To-morrow Morning.

The Ordinance concerning the Mayor of Banbury was read; and, upon the Question, assented unto.

Resolved, &c. That this House doth agree with the Lords, That Doctor Collison shall have a Pass to go beyond Sea, to fetch his Wife and Family hither.

The Lords Amendments to the Ordinance for Levying of Men for Ireland were read.

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Pass for Doctor Collison, and the Ordinance concerning the Mayor of Banbury, they do agree: And, as to the rest, they will send Answer by Messengers of their own.