House of Commons Journal Volume 4: 30 June 1646

Die Martis, 30 Junii, 1646.

Prayers.

SIR John Evelyn reports, from the Committee of Lords and Commons for regulating the Excise, the Opinion of the said Committee, concerning the Payment of a Debt due from the State to one Claudius Lewis, a Merchant-Stranger. And

It is thereupon Ordered, That it be referred to the said Committee, and the Committee of Powder, Match, and Bullet, to take care, that the said Debt may be paid out of the Twelve thousand Pounds last charged upon the Receipts of the Grand Excise, for Powder, Match, and Bullet, by Ordinance of the Twentieth of March last.

Ordered, That the Business of Ireland be taken into Consideration the first Business, To-morrow Morning, peremptorily.

Ordered, That the Business of the Elections in the County of Cornewall, and in other Parts of the Kingdom, be taken into Consideration on Friday Morning next.

Ordered, That Mr. Grantbam, a Member of this House, shall have Leave to go into the Country.

Ordered, That Mr. Francis Chettle, a Member of this House, shall have Leave to go into the Country.

Ordered, That Colonel John Fiennes, a Member of this House, be referred to the Committee of Accompts, to state and certify his Accompts.

Prima vice lecta est Billa, An Act concerning the Great Seal of England.

Mr. Sollicitor, Mr. Recorder, Mr. Selden, Mr. Prideaux, Mr. Maynard, Mr. Thorpe, Sir Thomas Widdrington, Mr. Ellys, Mr. John Stephens, Mr. Pierpoint;

This Committee, or any Three of them, are immediately to withdraw; and prepare a Proposition, to be presented to the House, for the making void of the Acts of the Great Seal carried away by the late Lord Keeper Littleton, and for the Ratifying and Confirming of all Acts done by the Great Seal attending on the Parliament.

A Letter from Prince Rupert and Prince Maurice, from Oatlands, of 28 Junii 1646.

A Letter from Prince Rupert, of 29 Junii 1646, from Oatlands, for Post-Horses, Carriages, and a Pass to remove thence, were this Day read.

Ordered, That Sir Richard Onsloe, Mr. Goodwyn, Mr. Stoughton, and the Committee of Surrey, do present the Names of those Persons, who are to go beyond the Seas with the Two Princes Rupert and Maurice, unto Mr. Speaker: And that Mr. Speaker do grant Passes to the said Princes, and their Servants, to go beyond the Seas accordingly.

A Letter from the Prince Elector, of 30 Junii 1646, from Whitehall, desiring to go to his Brothers Prince Rupert and Prince Maurice, upon some domestick Affairs, was this Day read.

Ordered, That the Prince Elector have Leave to go to visit his Brothers Prince Rupert and Prince Maurice; so as such his going to visit them do not retard their Stay and Abode in this Kingdom.

Sir Wm. Strickland and Sir Henry Mildmay are to acquaint the Prince Elector with this Order.

A Letter from Sir Thomas Fairfax General, from Water-Eaton, of 16 Junii 1646, concerning the Earl of Bristoll; and a Letter from the said Earl of Bristoll, of 29 Junii 1646, concerning the said Earl's coming to London; were this Day read.

Ordered, That it be referred to the Committee of Lords and Commons for the Army, to consult with the Committee of the Militia of the City of London, what is fit to be done, at this Time, for the Safety of the City and the Parliament, in reference to those that are lately come out of the Garison of Oxford, or out of any other Garison of the King's, or that may hereafter come to the Cities of London and Westminster, or within the Lines of Communication, or Parts adjacent: And Mr. Scawen is to give the House an Account hereof on Thursday Morning next.

Whereas divers Persons, who are excepted in the Propositions of both Kingdoms from all Pardon, have Liberty, by the Articles upon the Surrender of Exeter, Oxford, and other Garisons, to come to London, to endeavour to make their Compositions and Peace with the Parliament: And whereas this House hath resolved, That no such excepted Persons shall be admitted to any Compositions: It is this Day Ordered, That the Serjeant at Arms attending on this House do, from time to time, give Notice of the said Resolution to all such of the said excepted Persons as are already come, or hereafter shall come or repair to the City of London, or within the Lines of Communication, and Parts adjacent; to the end they may forthwith, upon Notice thereof, remove themselves thence, and not return under Pretence of any such Endeavour; but that they do depart the Kingdom, according to the Conditions in the Articles wherein they, or any of them, are comprised.

Ordered, That this Order be forthwith printed and published, and set up at the several Courts of Guard in and about the Lines of Communication.

The House being informed, That divers Soldiers of or belonging to the Garison of Bridgewater were billeted at the House of Sir Thomas Worth Knight, one of the Members of this House;

It is Ordered, That the Soldiers now billeted at Sir Thomas Wrothe's House be forthwith removed thence: And that no other Soldiers be billeted there for the future.

The like Order, concerning the Billeting of Soldiers, is ordered on the Behalf of Mr. Roger Hill, Sir Edward Baynton, Sir Nevill Poole, Sir John D' Avers, and Colonel Strode, Members also of this House.

Ordered, That the Business of the North, and the Letters and Papers thence, and also the Declaration concerning the Misdemeanors of divers of the Scotts Army, &c. be taken into Consideration on Thursday Morning next, the first Business.

Ordered, &c. That Mr. Speaker do grant a Pass for Mrs. Anne Bodevill, Wm. Russell Esquire, Two Men Servants, and one Woman Servant, and their necessary Accommodations, to go into France.

A Letter from Mr. Ram the Minister, of 24 Junii 1646, from Spalding, concerning some Distractions lately occasioned there by one Mr. Henry Denn an Anabaptist, was this Day read; and delivered back to Sir Anthony Irby.

Mr. Sollicitor reports Instructions for Judges, to be given in Charge by them in their several Circuits: The which were read.

The Question being put, For omitting the Clause concerning Church-Government, in the Ninth Article of the Instructions for the Judges;

It passed with the Affirmative.

Resolved, &c. That one Part of the Instructions to the Judges shall be, to declare to the People, That the Parliament hath taken away the Court of Wards and Liveries.

Resolved, &c. That the Sixth Article in the Instructions to be given to the Judges, concerning Judges, be omitted.

And then the said Instructions, so amended, were, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Ordered, &c. That the Report concerning Mr. Tully his endeavouring to arrest the Prince Elector be made on Saturday Morning next.

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

The Lords have commanded us to acquaint you, That they have agreed to the Preamble and Alterations in the Propositions; and desire, That the Members of this House of the Committee of both Kingdoms may be appointed, as the Members of the Lords House are, to communicate them to the Commissioners of Scotland:- To bring you these Reports from the Committee of the Admiralty and Cinque-Ports; which the Lords approve of; and desire your Concurrence in:-An Ordinance of Captain Batten to be Governor of Holy-Island: An Ordinance concerning the Northern Association; to which they agree, with these Amendments; wherein they desire your Concurrence: The Petition of Sir Anthony St. John, for his Arrears; which is specially recommended to your Consideration: Also the Petition of Colonel Leighton.

The Question being propounded, For agreeing with the Lords to appoint the Members of this House that are of the Committee of both Kingdoms, to communicate the Preamble and Alterations to the Propositions to the Scotts Commissioners;

The Question was put, Whether this Question shall be now put, or not.

The House was divided.

The Noes went forth.

So as the Question passed with the Negative.

Upon the Reports from the Committee of Lords and Commons for the Admiralty and Cinque-Ports;

It is Resolved, &c. That this House doth agree with the Lords; and doth nominate and approve of Thomas Glynn Esquire to be Vice-Admiral of North-Wales; and also of William Fixwist Esquire to be Judge, John Parry to be Register, and Thomas Wynn to be Marshal of the said Vice-Admiralty.

The Ordinance for appointing Captain Robert Batten to be Captain of the Two Forts in Holy-Island and FerneIsland, and Governor of the said Two Islands, was read; and, upon the Question, assented unto.

The Amendments, sent from the Lords, to the Ordinance concerning the Northern Association, were read; and, upon the Question, referred to the Consideration of the Committee for the Northern Association: Who are to report the same on Thursday Morning next.

And the Care hereof is referred to Sir Thomas Widdrington.

The Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, concerning Mr. John Duncalfe, and others, to be approved of for Officers in the Vice-Admiralty of Yorkeshire, was read; and ordered to be referred to the Consideration of the Committee of the Northern Association.

The Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, for Approbation of the Persons therein named to be Officers in the Vice-Admiralty for North-Wales, was read: And

Ordered, That it be referred to the Consideration of the Committee for Wales.

A Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, concerning the Payment of the Sum of Sixty-nine Pounds Nineteen Shillings and Six-pence to Mr. John Wheeler, for the Value of so much in Money and Timber taken from him by the Captain of Hurst-Castle, and employed in the Service of the State, was read; and nothing done upon it.

Ordered, &c. That the Committee for the Revenue do forthwith pay the Sum of Sixty-nine Pounds Nineteen Shillings and Six-pence unto Mr. John Wheeler, or his Assigns, in Satisfaction of the Monies and Timber taken from him by Captain Baxter Captain of Hurst-Castle, and employed by the said Captain for the Repair of the said Castle, and the Use of the Garison there.

The Lords Paper, containing their Desires for the Payment of the Arrears due to Sir Anthony St. John, for his Pay in the Service of the Parliament, was read; and nothing done upon it.

Ordered, &c. That it be referred to the Committee of Accompts, to state and certify the Accompts of Sir Anthony St. John, and what is due unto him for the Arrears of his Pay in the Service of the Parliament.

The humble Petition of Colonel Leighton was read; and nothing done upon it.

Ordered, &c. That it be referred to the Committee of Accompts, to state and certify the Accompts of Colonel Leighton, and what is due to him for Pay in the Service of the Parliament.

Resolved, &c. That these Two Petitions, and this Paper, this Day sent from the Lords, being for Monies, are a Breach of the Privileges of this House.

Resolved, &c. That the Lords be acquainted, at a Conference, with this Breach of Privilege.

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Approving of Mr. Glyn, and the other Persons in that Report, to be Officers of the Vice-Admiralty in North Wales, they do agree: And, as to the rest, they will send Answer by Messengers of their own.

Instructions for the Judges, to be given in Charge by them in their several Circuits.

I. In their Charges, to let the People know, That the Intentions and Endeavour of this Parliament have been, and yet are, to free the Subjects of this Kingdom from all unlawful Taxes and Charges, and from all arbitrary Power in Judicature, to be exercised over them, concerning their Lives, Persons, or Estates.

II. That, in pursuance of these their Intentions, by the Endeavour of this present Parliament, the inlarged Bounds of Forests, Ship-Money, Money for Knighthood, Monopolies, Coat and Conduct-Money, and all other unlawful Taxes and Charges upon Wares and Merchandize, and inland Goods, have been taken away; and likewise the Star-Chamber, High-Commission Court, the Bishops, and their Courts, the Marshal's Court called the Court of Honour, the Court of the President at Yorke, have been taken away; and the Council Board, Stannary-Courts, and of the President and Council of the Marches in Wales, regulated, and brought within due Bounds.

III. That whereas, sithence the Beginning of this War, many and great Sessments, and other Charges, have been laid upon them by the Parliament, to the Impoverishing of them in their Estates; and unusual and vast Powers have been exercised over them by Governors of Forts, Castles, and Towns, by Committees of Parliament, and otherwise, by Authority from the Parliament; to let them know, That the Parliament, in this Time of War, was necessitated thereunto, for the Good of the Kingdom; and that what hath been done at such a Time of Necessity, shall not be drawn into Example to their future Prejudice.

To let them know the Necessity of this War; and that it was not lightly undertaken, but to preserve the true Reformed Protestant Religion, and the Laws made this present Parliament, and in former Ages, for the Ease and Liberty of the Subjects; and for bringing Traitors, and other notorious Delinquents, to Justice: That, as the present War hath cost the Kingdom much Blood and Treasure; so Magna Charta, and the Liberties, that from our Ancestors descended upon us, cost them much Sweat and Blood: That we were bound to be as just to our Children, and the Generations to come, as they were unto us.

To let them know, that all or most of the Lords and Commons, who serve in Parliament, have been as deep Sufferers by the War as others, besides their daily Labour and Attendance.

To let them know, That, as, by the Blessing of God upon the Forces of the Parliament, the Strength of the Enemy is much abated, and divers Places are now in the Power of the Parliament, which formerly were under the Enemy; so, as the Necessity of the War will permit, they will proceed to mitigate and abate those Charges: And, as they have already laid down some Garisons, so are they discharging all others that shall not be found necessary to be continued, until the Peace, by God's Blessing, be fully settled: Which Garisons likewise in the Power of the Governors, and in the Pay, shall be regulated, and put into an orderly way.

To let them know, That the Houses are sensible of the Miseries that inevitably accompany a Civil War; and that they will take all Occasions to procure a safe and wellgrounded Peace: And as, since the present War, the Parliament hath twice sent Propositions to the King for Peace; the First whereof were treated upon at Oxford about March 1643; and the Second at Uxbridge, in February 1644; so have they again agreed upon Propositions to be speedily sent for that End.

To let the People know the Care the Parliament hath taken, that, as far as the Distraction of the Time would permit, the publick Justice of the Kingdom should be administred, by providing a Great Seal, the other being carried to Oxford; without which the Judges would have had nothing to do; nor any Felons, Murders, or Robberies, been punished; nor Sheriffs, nor Justices of the Peace, been made; nor Writs could have been awarded for new Elections of Members in the Commons House in Places vacant: That, in Part, they have supplied the Places of the Judges that deserted their Trust: And whereas divers that have been nominated Justices of the Peace in Counties have not yet taken their Oaths, whereby the Service in their Counties is neglected, the Judges are to return their Names.

Whereas, by That which hath been done in this Time of War, the true Intention of the Parliament may be misconstrued, as if they intended, by themselves, or others under their Authority, to exercise an unusual and arbitrary Power over their Fellow-Subjects; to let them know, as, by their Endeavours, the Star-Chamber, and the other arbitrary Courts before-mentioned, have been taken away, and others regulated, so they do intend to regulate the Proceedings in the Chancery, 'Chequer-Chamber, and other Courts; and that the Houses of Parliament, nor either of them, will interrupt the inferior Courts of Justice in their usual and just Proceedings: And to let them know, That the Intention of the Houses have been, and still are, to endeavour the Taking away of all arbitrary Power in Judicature; and that the Lives, Persons, and Estates, of the Subject be judged and determined by the ancient and known Laws of the Kingdom; that the Peace not being yet fully settled, there is more Cause now, than at other Times, to take care, that Watch and Ward be made in the several Parishes and Places fitting for Apprehending of Soldiers without Passes, and all other Persons suspicious; to be careful of Alehouses, and other Places, where loose and disorderly Persons usually resort.

To see the Laws against Jesuits and Popish Priests, and the other good Laws of the Kingdom, be duly put in Execution; and, in special, those that concern Robberies, Thefts, and Murders.