House of Commons Journal Volume 7: 9 July 1659

Saturday, the 9th of July, 1659.

Record to be returned.

WHEREAS the Record upon a Demurrer in the Cause wherein Thomas Wilson is Plaintiff, against Thomas Hickson Defendant, was by a Writ of Error, removed out of the Petty Bag into the Convention which sat in this House in the Year 1657, and remaineth now with the Clerk of the Parliament; so that the Plaintiff can have no Benefit of his Execution obtained against the Defendant, until the Record be sent back to the PettyBag; It is

Ordered, by the Parliament, That the said Record be sent back by the Clerk of the Parliament into the Petty-Bag.

Judges.

Mr. Solicitor-General reports, from the Council of State, The Opinion of the Council, That the Parliament will be pleased to give Order, if they so think fit, for a Commission to Mr. Hugh Wyndham to be one of the Justices of the Common-Pleas:

That, if the Parliament shall think fit, John Farewell, of the Inner-Temple, Esquire, be appointed one of the Judges for the Norfolk Circuit, this next Assizes; and that, in order thereunto, the Parliament will please to make him a Serjeant at Law:

That Mr. Justice Windham and Mr. Farewell be appointed to go the Norfolk Circuit this next Assizes:

That Sir Thomas Widdrington may ride the Circuit about London, alone: And that the like Provision be made in the Commissions of Oyer and Terminer, &c. for that Circuit, for his Assistance, as is usual in like Cases.

Resolved, That Mr. Hugh Windham be one of the Justices in the Court of Common-Pleas, for the same Time that other Justices are appointed.

Resolved, That Mr. Justice Windham do ride as Judge of the Norfolk Circuit, alone.

Resolved, That Sir Thomas Widdrington do ride the Circuit about London, alone: And that the like Provision be made in the Commissions of Oyer and Terminer, &c. in that Circuit, for his Assistance, as is usual in like Cases.

Deane Forest.

Ordered, That it be referred to the Council of State, to preserve the Peace in the Forest of Deane, in the Counties of Gloucester and Hereford; and to preserve the Woods in the said Forests of Deane, as they were inclosed the Seventh of May last.

Ordered, That it be referred to the Committee for Forests, to proceed to hear the Business upon the Petition of the Commoners, &c. and other the Inhabitants of the Forest of Deane, formerly referred to them: With Power to examine Witnesses, upon Oath, in the said Business: And that Major Salwey, Colonel Bennet, Colonel Thompson, Mr. Robinson, Sir Wm. Strickland, Sir John Bourchier, Sir Arthur Hesilrig, Mr. Fagg, Colonel Morley, Sir Henry Mildmay, Colonel Lister, Lord ChiefBaron Wild, be added to that Committee.

London Militia.

Resolved, That Major-General Skippon do forthwith repair into the City of London, and set the Militia on Foot, and put them in Order presently.

Ordered, That the Names of the Commissioners for the Militia of the City of London be forthwith written out by the Clerk, and delivered by him unto Major-General Skippon: Who is forthwith to repair to the Lord Mayor of London; and desire him to summon the Commissioners for the Militia there to meet this Afternoon, at Two of the Clock.

Army Appointments.

Resolved, That Colonel Allured be made Captain of the Life-Guard to the Parliament: And that he have the Pay of a Colonel of Horse, until a Regiment of Horse be provided for him.

Resolved, That Colonel Morley be Colonel of the Regiment that is now void.

Life-Guards.

Sir Arthur Hesilrig reports, from the Commissioners for Nomination of Commission-Officers, The Names of Officers, &c. to be of the Life-Guard to the Parliament: Viz.

That the former Life-Guard be reduced to One hundred and Twenty, besides Officers; and be continued as a Troop of Horse, for a Guard to the Parliament, Sitting the Parliament; and, in the Intervals of Parliament, to the Council of State, at the Pay of Three Shillings per diem to each.

That the Number and Quality of the Officers to command in Guard be, One Captain, One Lieutenant, One Cornet, one Quarter-master, and Four Corporals.

That be Captain of the said Guard, at the Pay of per diem.

That Mr. John Cathnes be Lieutenant of the said Guard, at the Pay of Fourteen Shillings per diem.

That Henry Vane Esquire be Cornet of the said Guard, at the Pay of Twelve Shillings per diem.

That Jonas Morley be Quarter-master of this Guard, at the Pay of Nine Shillings per diem.

That Samuel Nelson, Thomas Cooper, Richard Whatling, and Maurice Thomas, be the Four Corporals of the said Guard, at the Pay of Four Shillings and Six-pence per diem.

That there be Two Trumpets to this Guard, at Three Shillings Four-pence per diem to each.

Resolved, That the Number of the Life-Guard be Eightscore, besides Officers.

Ordered, That it be referred to the Commissioners for Nomination of Officers, by Conference with the Captain of the Life-Guard, for the Approbation of the Persons to be of the Life-Guard.

Resolved, That the said Life-Guard be Life-Guard to the Parliament and Council of State.

Resolved, That Mr. John Cathnes be Lieutenant of the said Guard, at the Pay of Fourteen Shillings per diem.

Resolved, That Henry Vane Esquire be Cornet of the said Guard, at the Pay of Twelve Shillings per diem.

Resolved, That Jonas Morley be Quarter-master of this Guard, at the Pay of Nine Shillings per diem.

Resolved, That Samuel Nelson, Thomas Cooper, Richard Watling, and Maurice Thomas, be the Four Coporals of the said Guard, at the Pay of Four Shillings and Sixpence per diem to each.

Resolved, That there be Two Trumpets to this Guard, at Three Shillings and Four-pence per diem to each.

Isle of Ely Oyer and Terminer.

Mr. Solicitor Reynolds reports from the Council of State, That, if the Parliament so think fit, a Commission of Oyer and Terminer for the Isle of Ely be issued to Mr. Serjeant Bernard, as formerly.

Resolved, That a Commission of Oyer and Terminer for the Isle of Ely, be issued to Mr. Serjeant Bernard, as formerly.

Southwark Militia.

Mr. Garland reports, Amendments to a Bill for settling the Militia in the Borough of Southwark, and Parishes adjacent: Which were twice read.

Resolved, That Richard Lee be one of the Commissioners for the Militia, in this Bill.

The Question being put, That Luke Williams be one of the Commissioners;

It passed with the Negative.

And the Amendments, being put to the Question, were agreed unto.

Resolved, That this Bill, so amended, be ingrossed.

Westminster Militia.

An additional Act for the Militia of the City of Westminster, and Liberties thereof, was this Day read the First and Second time; and, upon the Question, committed unto Lord Chief-Justice St. John, Sir Tho. Widdrington, Lord Whitlock, Major Lister, Sir James Harrington, Sir Arthur Hesilrig, Sir Henry Mildmay, Mr. Garland, Mr. Weaver, or any Three of them: And are to meet in the Speaker's Chamber, at Three of the Clock.

The House adjourns itself till Two a Clock in the Afternoon.

Saturday, July the 9th, 1659, In the Afternoon

Irish Claimants.

ORDERED, That the Committee for Adventurers for Lands in Ireland be revived; and meet in the Duchy-Court on Monday in the Afternoon, at Two of the Clock: And that Mr. Garland be added to that Committee.

Loans at WeaversHall.

Colonel White reports from the Committee of Inspections, That the Restraint laid upon Weavers-Hall, touching Interest to be paid for Monies lent upon that Security, be taken off.

Ordered, That it be referred to the Committee of Inspections, To present the Names of the Persons who claim the said Monies lent upon the Security of WeaversHall, to this House.

Army Appointments.

The House this Day proceeded upon the List formerly reported, for Colonel Rich to be Colonel of a Regiment of Horse: And of the Names of Persons to be Commission-Officers in the said Regiment: Which List is as followeth; viz.

* * * *

Resolved, That Colonel Nathaniel Rich be Colonel of this Regiment.

Ordered, That, as to Cornet James Kittermaster, to be Cornet of this Regiment, it be referred back to the Commissioners for nominating Commission-Officers.

And the rest of the Persons named in the said List to be Commission-Officers, being put to the Question, were approved of.

The House also proceeded upon another List, formerly reported; wherein Colonel Saunders is named Colonel; and other Persons named Commission-Officers in the said Regiment: Which List is as followeth; viz.

* * * *

The humble Petition of Colonel Thomas Saunders, and Officers of his Regiment of Horse, was this Day read.

Resolved, That Major Nathaniel Barton be Major in this Regiment of Colonel Saunders.

And all the rest of the said Officers named in the said List (except Major Geo. Smithson, Lieutenant Wm. Wheatley, Cornet John Thirkett, and Quarter-master Thomas Harrison; who were formerly approved of to be Officers in Colonel Robert Lilburne's Regiment) being put to the Question, were agreed unto.

Resolved, That Colonel Robert Overton be Colonel of his Regiment of Foot, and Governor of the Garison of Hull.

Resolved, That Cornet Henry Morton, be Cornet in Colonel Francis Hacker's Regiment, in the room of Cornet Hacker, who hath the Place of a Lieutenant in the Regiment of Colonel Saunders.

Resolved, That Colonel Humfry Brewster be Governor of Languard-Ford, and Captain of that Company of Foot which was late Lieutenant-Colonel Flower's.

Resolved, That Lieutenant Joseph Thoresby be Lieutenant of a Troop of Horse in the Troop wherein Major Nathaniel Barton is Major, in Colonel Saunders's Regiment.

Resolved, That Cornet Horatio Eure be Cornet of that Troop.

Resolved, That Quarter-master Peter Pattison be Quarter-master of that Troop.

Tower Hamlets Militia.

Mr. Garland reports, Amendments to the Bill for settling the Militia for the Hamlets: Which were read; and, upon the Question, agreed unto.

Ordered, That the said Bill, so amended, be ingrossed.

Army Appointments.

Resolved, That Captain Richard Castle, Rowland Gethings Lieutenant, and John Symons Ensign, be Commission Officers for that Company of Foot now in the Garison of Tinby: And that they be put upon the Establishment.

Resolved, That Captain * Castle be Governor of Tinby, and Captain of that Company of Foot now in that Garison.

Resolved, That Ensign John Height be Ensign of that Company of Foot whereof Lieutenant-General Ludlow is Captain, of the Regiment of which he is also Colonel; in the place of Ensign London.

Resolved, That Lieutenant Thomas Wansey be a Lieutenant in Hurst-Castle; and added to the Establishment, as formerly.

A List, wherein Colonel Ashfeild is nominated Colonel, and other Persons named Commission-Officers in the said Regiment, were read; and, upon the Question, agreed unto; viz.

* * * *

The Question being propounded, That Colonel John Butler be Quarter-master General of the Army;

And the Question being put, That this Question be now put;

It passed in the Affirmative.

And the main Question being put; It was

Resolved, That Colonel John Butler be Quarter-master General of the Army.

Army Commissions.

The House being informed, That Colonel Allured, and other Officers, were at the Door;

They were called in: And coming to the Clerk's Table, in usual Manner, Mr. Speaker acquainted them with the great Trust the Parliament reposed in them; and that the Parliament did expect Faithfulness from them to the Parliament and Commonwealth of England: And thereupon delivered unto them their Commissions: Viz.

To Colonel Mathew Allured, his Commission to be Captain of the Life-Guard to the Parliament:

To Lieutenant John Cathnes, his Commission to be Lieutenant of the Life-Guard:

To Quarter-master Jonas Morley, his Commission to be Quarter-master of the said Life-Guard.

Army Appointments.

The House this Day proceeded upon a List, wherein Lieutenant-General Fleetwood is named Colonel and Captain; and upon the Names of Persons to be Commission-Officers in that Regiment: Which were read, and approved; Which List is as followeth; viz.

* * * *

Resolved, That Hezekia Heynes be Major and Captain of this Regiment.

The House proceeded in a List, wherein Colonel Robert Swallowe is named Colonel; and upon the Names of the Persons nominated to be Commission-Officers in the said Regiment: Which were read; and, upon the Question, approved: Which List is as followeth; viz.

* * * *

The House also proceeded in the List, wherein Sir Arthur Hesilrig is named Colonel of a Regiment; and upon the Persons named Commission-Officers in the said Regiment: Which were read; and, upon the Question, approved; viz.

* * * *

Resolved, That Captain George Plea be Governor of the Island of Portland.

Ditto.

The House proceeded upon the List of Commission-Officers for a Regiment of Foot, wherein Colonel Fitch, Lieutenant of the Tower, is a Captain: And every of the said Persons named in the said List, being severally put to the Question, were approved: Which List is as followeth; viz.

* * * *

Resolved, That Mr. John Pue be Chaplain to that Regiment of Foot, whereof Colonel John Biscoe is Colonel.

* * * *

Commission-Officers for Ireland; viz.

Resolved, That Peter Wallis be a Colonel of Horse.

Resolved, That Daniell Axtell be a Colonel of Foot.

Resolved, That Benjamin Worsly be CommissaryGeneral of the Musters.

Resolved, That Edward Roberts be Auditor of the Army.

Resolved, That Wm. Keene be Lieutenant-Colonel to Colonel Cooper.

Ordered, That, as to Richard Kingden to be JudgeAdvocate, this be re-committed.

Letter read.

A Letter from Sir Hardresse Waller; dated at Dublyn, June Two-and-twentieth 1659; was this Day read.

General Ludlow.

Lieutenant-General Ludlow, a Member of this House, coming from his Place to the Clerk's Table; Mr. Speaker there told him, That he knew the Trust and Confidence that this House reposed in him; and doubted not of his faithful Discharge of his Trust: And therewith delivered him a Commission to be Lieutenant-General and Commander in Chief of all the Forces in Ireland.

Army Appointments.

Sir Arthur Hesilrig reports, from the Commissioners for nominating Commission-Officers, a List for Colonel Kelsey to be Colonel of a Regiment; and the Names of Persons to be Commission-Officers in this Regiment: Which was read; viz.

* * * *

General Ludlow.

Resolved, That, after Lieutenant-General Ludlow hath put the Affairs of the Army in Ireland in good Order, the said Lieutenant-General have Liberty to come over into England, and settle his private Affairs here.

Lodgers, &c in London.

Major Salway reports, from the Council of State, A Bill for Housholders in London, &c. to give an Account of Lodgers, Horses, and Arms: Which was this Day read the First and Second time; and, upon the Question, committed unto Mr. Scot, Major Salwey, Lord Lisle, Mr. Say, Colonel Martin, Mr. Oldsworth, Colonel Fleetwood, Mr. Skynner, Colonel Lister, Mr. West, Colonel Eyres, Mr. Harby, Colonel Waite, Mr. Nevill, Mr. Robinson, Mr. Gurdon, Lord Chief-Baron Wild, Mr. Brampton Gurdon, Sir Henry Mildmay, Mr. Garland, Colonel Birch; or any Five of them: And are to meet on Monday Morning, at Seven of the Clock, in the Speaker's Chamber.

Delinquents, &c. in London.

Mr. Say reports, Amendments to the Bill for Delinquents, Popish Priests, and Jesuits, to depart out of London: Which were read; and, upon the Question, agreed unto.

Resolved, That this Bill, so amended, be ingrossed.

Embassy from Portugal.

Letters of Credence for Francisco de Mello, Lord Ambassador Extraordinary from the King of Portugall; given at Lisbone, the 12th of June 1659; subscribed, "The Queen;" and directed, "To the Parliament of the Commonwealth of England; were this Day read.

Resolved, That the said Francisco de Mello, Lord Ambassador Extraordinary from the King of Portugall, have Audience on Tuesday, at Eleven of the Clock.

Ordered, That the Lord Whitlock, Sir Henry Mildmay, and Mr. Scot, do attend the said Lord Ambassador to his Audience.

Ordered, That it be referred to the Council of State, to take Order for the Reception of the Ambassador Extraordinary from the King of Portugall.