House of Commons Journal Volume 5: 28 December 1646

Die Lunæ, 28 Decembris, 1646.

Prayers.

Leave of Absence.

ORDERED, That Mr. Exton shall have Leave to go into the Country.

Navy Treasurer.

Upon the Desire of Sir Henry Vane junior, Treasurer of the Navy. who had that Place of Treasurer conferred upon him by Letters Patents from his Majesty, some Two Years before this Parliament; That, after-(sitting the Parliament), for the Discharge of his Duty as a Member of this House, he was displaced by his Majesty; That, since, he was restored by both Houses; and now enjoys the said Place under the Great Seal of England, quam diu bene se gesserit;

It is Resolved, &c. That this House doth consent, and give Leave, that the said Sir Henry Vane shall have Power, and free Liberty, to surrender the said Office, with all his Interest therein, as aforesaid: And that he shall have Power, and is hereby authorized, to nominate unto both Houses of Parliament, a fit and able Person to have, hold, and enjoy, the said Place or Office, with all Advantages and Profits thereunto of Right belonging, and heretofore usually and lawfully received and taken, in as full and ample manner (quam diu bene se gesserit) as the said Sir Henry Vane, or any other his Predecessors formerly, have or might enjoy the same.

The Lords Concurrence to be desired herein.

Mr. Samuell Browne is to carry it to the Lords.

Ordered, That Mr. Samuell Browne do prepare and bring in an Ordinance to authorize Mr. Solicitor to prepare a Grant, to pass the Great Seal for such Person to enjoy, under the Great Seal of England, the Office of Treasurer of the Navy, as Sir Henry Vane junior shall nominate unto both Houses of Parliament; and to enable the Commissioners of the Great Seal to pass the said Grant under the Greal Seal accordingly.

Hindon Election.

Sir Robert Harley reports from the Committee of Elections, the Case of Return of Mr. Howe and Mr. Ludlowe, to serve in the Parliament for the Borough of Hindon in the County of Wiltes.

Resolved, &c. That this Business be re-committed unto the same Committee upon the whole Matter, both concerning the Election, and Return, of a Burgess to serve for the Borough of Hindon in the County of Wiltes.

Ordered, That the Lawyers of the House, that are of the Committee of Elections, be enjoined to attend That Committee diligently.

Berwicke and Carlisle.

Ordered, That it be referred to the Gentlemen of Northumberland and Cumberland, that are of this House, to consider of fit Persons to see the Fortifications of Berwicke and Carlisle slighted, in pursuance of the late Articles; and to present the Names of such Persons to the House; and prepare Instructions for them: And the more particular Care of this Business is referred to Sir Tho. Widdrington and Sir John Fenwick.

Message from Lords.

A Message from the Lords, by Sir Edw. Leech . . . Mr. Page:

The Lords have commanded us to deliver unto you Two Votes upon some Part of the King's Letter; in which they desire the Concurrence of this House.

They desire a Conference, by Committees of both Houses, concerning the Obstructions in point of Compositions at Goldsmiths Hall, at Eleven of the Clock, in the Painted Chamber, if it may stand with the Conveniency of this House.

An Ordinance for Colonel Manwaring to be Searcher of the Port of Sandwich; in which they desire the Concurrence of this House.

Votes respecting the King.

The Votes were read.

The First was in hæc verba;

"26 Decembris, 1646."

"Resolved, &c. by the Lords in Parliament assembled, That the Vote made by this House, and sent down to the House of Commons, concerning the King's coming to one of his Houses, without any further Addition or Explanation, is a fit Answer to that Particular in the King's Letter."

Resolved, &c. That, as to this Vote, this House will send Answer by Messengers of their own.

The Second Vote was in hæc verba; viz.

"Resolved, &c. That, in Answer to this Particular in the King's Letter, of desiring to be heard, this House will return, That this House will have no Treaty upon the Propositions."

Resolved, &c. That this House doth agree and concur with the Lords in this Vote, That, in Answer to this Particular in the King's Letter, of desiring to be heard, this House will return, That this House will have no Treaty upon the Propositions.

Conference agreed to.

Resolved, &c. That this House doth agree to a Conference with the Lords, by Committees of both Houses in the Painted Chamber, as is desired, concerning the Obstructions, in point of Compositions.

Ordered, That the Lords be desired, that at this Conserence, this House may confer with the Lords, upon the Sheriff of Derbyshire, and such other Sheriffs as are not yet agreed by both Houses.

Mr. Gell is appointed to desire this Conference.

Searcher of Sandwich.

An Ordinance for appointing Colonel Randall Mainwaring to be Searcher of the Port of Sandwich, and the Members thereof, in the Place of George Rookes Gentleman, late Searcher there, and deceased, was this Day read the First time.

And the Question being put, for reading it the Second time now;

It passed with the Affirmative.

And it was thereupon now read the Second time.

The Question was propounded, Whether this House will agree with the Lords in appointing Colonel Randall Mainwaring to be Searcher of the Port of Sandwich, and the Members-.

And the Question being put, Whether this Question shall be now put;

It passed with the Affirmative.

Resolved, &c. That this House doth agree with the Lords, in appointing Colonel Randall Mainwaring to be Searcher of the Port of Sandwich, and the Members-.

And then, upon the Question, the Ordinance aforesaid was committed to the Committee of the Navy.

Navy Treasurer.

Mr. Samuell Browne brings Answer, That the Lords do agree to the Vote for Enabling of Sir Henry Vane junior, to surrender his Place of Treasurer of the Navy; and to nominate to the House a fit Person to have the said Place.

London Petition.

Resolved, &c. That, To-morrow Morning, the Petition and Representation from the City of London, be taken into Consideration.

Sheriff of Cambridge.

Ordered, That an Ordinance be brought in to discharge Colonel John Hobert from being Sheriff of the County of Cambridge: And that it be referred to Sir Dudley North, and Lieutenant General Cromwell, to bring in an Ordinance for appointing another in his Place.

Sheriff of Dorset.

Resolved, &c. That this House doth nominate and approve of Robert Coker, in the County of Dorsett, Esquire, to be Sheriff of the County of Dorsett: And that the Commissioners of the Great Seal do issue a Commission to him to be Sheriff of the said County accordingly.

Ordered, That this Vote be communicated to the Lords at this Conference.

Bourchier's, &c. Claims.

Ordered, That the Letter from the General, of 26 Novembris, 1646, concerning Mr. Verney Bourchier; the humble Petition of the said Mr. Verney Bourchier; the humble Petition of Mathew Allen, a Member of this House; the humble Petition of Caleb Burton of Dover, Merchant; the humble Petition of Wm. Pullein; the humble Petition of George Wither Esquire; the humble Petition of Giles Barrow, Citizen and Merchant of London; be all of them referred to the Committee of the Navy; to take the same severally into Consideration; and to think upon some way of Satisfaction to such of the Petitioners as have any Monies justly due unto them from the State.

Coker's Fine.

Ordered, That the Remainder of the Fine of Mr. William Coker, not exceeding Two hundred Pounds, not yet paid into the Committee at Goldsmiths Hall, be allowed and paid by the said Committee unto Mr. Robert Coker his Son, upon Accompt, in part of his Arrears due to him from the State: And that the Acquittance of the said Mr. Robert Coker shall be a good Discharge to the said Committee at Goldsmiths Hall, and the Treasurers there, for the Payment thereof to him accordingly.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message: And, as to the First of the Votes sent from the Lords, upon the King's Letter; and the Ordinance concerning Colonel Randall Mainwaring; they will send Answer by Messengers of their own. As to the Second of those Votes sent from the Lords, upon the King's Letter, and Conference desired by the Lords, they do agree.

Answer from Lords.

Mr Gel brings Answer, That the Lords do agree, that at this Conference this House may confer upon the Sheriffs not yet agreed by both Houses.

King's Person.

Resolved, &c. That the House do meet this Afternoon, to receive and consider of the Report to be made from the Committee made on Saturday Night last, touching the Business concerning the King's Person.

Managers appointed.

Mr. Recorder, Mr. Bond, Mr. Gell, Mr. Corbett, Mr. Prideaux, are appointed Reporters and Managers of this Conference.

Post meridiem.

King's Person, &c.

SIR William Lewes reports the Clause to be added to the former Votes concerning the King's Person; the which was twice read.

Mr. Nathamiell Fienis, Mr. Holles, Sir Wm. Lewes, Sir John Evelyn of Wiltes, Mr. Whitelock, Mr. Morley, Mr. Swinfen, Mr. Samuell Browne, Mr. Prideaux, Sir Henry Vane junior, Sir Phil. Stapilton, Mr. Pierrepoint, Mr. Grimston;

This Committee is appointed to withdraw, presently; and to consider of the Clause now brought in, and reported by Sir Wm. Lewes; and to alter it according to the Debate now had in the House thereupon; and to add another Clause for procuring the King's Assent to the Ordinance or Bill for the taking away the Court of Wards, and all Tenures, &c.

Mr. Holles reports from the Committee aforesaid, this Clause following; the which was read; and was in hæc verba; viz.

"And when the King shall be at Holdenby, as aforesaid, and the Scotts Forces gone out of this Kingdom, the Two Houses of Parliament Declare, That then they will be ready, according to their former Declarations for preserving the peculiar Rights of the Kingdom of England, to join with the Kingdom of Scotland, in employing their best Endeavours to procure His Majesty's Assent to the Propositions agreed on by both Kingdoms, and presented to his Majesty at Newcastle; and to the Disposing of the Bishops Lands, according to the Ordinances already passed both Houses, in that Behalf; and also to the taking away of the Court of Wards and Liveries, with the Dependencies thereupon, according to the Order of both Houses, dated the 24th of February, 1645: And, in case the King shall not give his Assent thereunto, the Two Houses are resolved still to maintain the happy Union already settled between the Two Kingdoms."

And this Clause, being read, was, upon the Question, passed.

And the Question being put, for agreeing with the Lords in the Vote formerly sent from them, concerning the King's Person, with these Amendments and Alterations.

It passed with the Affirmative: And was ordered to be communicated to the Lords at a Conference.

Mr. Holles, Sir Philip Stapilton, Mr. Prideaux, Mr. Nath. Fienis, Sir Henry Vane junior, Sir Wm. Lewes, are appointed to be Managers of this Conference: And Sir John D'Avers is appointed to go to the Lords To-morrow Morning, to desire a Conference concerning this Business, so soon as may stand with their Lordships Conveniency.