House of Commons Journal Volume 5: 1 October 1647

Die Veneris, 1 Octobris, 1647.

PRAYERS.

Leave of Absence.

ORDERED, That Mr. Oxenden, a Member of this House, who is very sick, shall have Leave to go into the Country for Recovery of his Health.

Cursitor of Northampton, &c.

The humble Petition of Charles Latham Gentleman, Cursitor of the Counties of Northampton and Nottingham, was this Day read: And

It is Ordered, That the Petition and Petitioner be referred to the Commissioners of the Great Seal: Who are desired to take the Matters, represented in the Petition, into speedy Consideration; to call all Parties concerned before them; and, if they see Cause, to restore the Petitioner to the Place of Cursitor of the Counties of Northampton and Nottingham; otherwise to make Report of the Case, How they find it, to the House.

Cursitor of Chancery.

Ordered, That the Consideration of the whole Case and Business, concerning Mr. Richard Monies, one of the Cursitors of Chancery, be referred to the Consideration of the Commissioners of the Great Seal: Who are desired to take it into speedy Consideration; to call all Parties concerned before them; and, if they shall see Cause, to restore the said Richard Moneyes unto his Place of Cursitor; otherwise to make Report of the Case, How they find it, to the House.

Army Accompts.

An Ordinance for inlisting and stating the Accompts of reduced Officers, and Widows of Officers and Soldiers slain in the Service of the Parliament, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Tonage and Poundage.

Ordered, That the Ordinance for Tonage and Poundage be read the Second time To-morrow Morning, the first Business.

Gardiner's Arrears.

Ordered, That the Committee of the Army shall have Power to pay unto Captain Gardiner, a Member of this House, the Arrears due unto him, for his Entertainment in the Service of the Parliament.

Army Accompts.

Ordered, That the Book of Accompts delivered in by Auditor Broad and Auditor Wilcox, concerning the Payment of the Twenty-eight thousand Pounds to divers reduced and reformed Officers, be referred to the Consideration of the Committee who prepared and brought in the Ordinance aforesaid, for inlisting and stating the Accompts of reduced Officers; with the Addition of Colonel Sydenham, Colonel Bossevile, Colonel Puresoy, Captain Gardiner, Colonel Gurdon, Colonel Barker, Colonel Norton, Major Scott, Colonel Thornhagh, Major Lister, Colonel Ashton, Colonel Thompson, Colonel Edwards ambo, Sir Walter Erle, Mr. Marten, Mr. Stapilton, Mr. John Browne, Mr. Swynsen, Colonel Rainborough, or any Five of them: Who are to examine and find out the Frauds and Abuses that have been put upon the Parliament in the Payment of those Monies; by whom those Abuses have been occasioned and committed; and to whom any Monies, in such an abusive Way, have been paid.

They are further to consider, How Monies may be raised, for the satisfying such Persons who shall have Monies due upon their Return of the Accompts stated by the Persons appointed by the Ordinance this Day read, and passed: And they are to meet upon this Business this Afternoon at Three of Clock, in the Exchequer Chamber; and so de die in diem: And have Power to send for Parties, Witnesses, Papers, Records: And are to report their Opinions upon the whole Matters to the House, with all convenient Speed.

Violence to Parliament.

Mr. Selden, Mr. Miles Corbett, Mr. Edward Ash, Mr. Marten, Sir John Evelyn of Wiltes, Mr. Nath. Fienis, Sir Walter Erle, Colonel Birch, Mr. Lisle, Mr. Franc. Allen, Sir Henry Vane junior, Mr. Scawen, Mr. Povey, Mr. Knightley, Sir Wm. Armyn, Mr. Swynsen, Colonel Leigh, Mr. Maynard, Sir Wm. Massam, Mr. Rous, Colonel Thompson.

This Committee, or any Three of them, are appointed to prepare a Declaration, upon the Debate had in the House, touching the Business reported from the Committee appointed to examine the late Force upon the Houses; What was done in pursuance thereof; the Endeavours to raise a new War; and the Engagement, declared against by both Houses: And are to meet upon it this Afternoon at Three of Clock, in the Exchequer Chamber; and to bring it in with all convenient Speed: And the Care of this Business is more particularly referred to Mr. Selden.

Gratuity to Artillery.

Ordered, That the Gratuity formerly appointed to be bestowed upon the Non-commissioned Officer and common Soldier of the Army, shall extend likewise to the Train of Artillery: And that the Committee of the Army do give Order to the Treasurers at War, herein, accordingly.

Poor Protestants.

Ordered, That Colonel Bossevile, Mr. Weaver, Mr. Annesley, and Colonel Jephson, be added to the Committee formerly appointed for disposing the Monies collected and given for Relief of such poor English Protestants as are come out of Ireland.

Army Accompts.

Mr. Knightley carried to the Lords, for their Concurrence, the Ordinance for stating the Accompts of divers reduced Officers, and others, mentioned in the said Ordinance.

State Prisoners.

Upon Mr. Miles Corbett' Report, from the Committee for the Tower;

It is Ordered, That Mr. Thomas Connisby, now Prisoner in the Tower, be removed to the Prison of Peter House:

That Sir Winckfield Boddenham, and Mr. Thomas Violett, now Prisoners in the Tower, be removed to the King's Bench:

That Sir William Moreton, now Prisoner in the Tower, be removed to the Prison of Peter House:

That Sir Henry Vaughan, and Sir John Morley, now Prisoners in the Tower, be removed to the Prison of the Fleet:

That Thomas Lunsford, now Prisoner in the Tower, be removed to the Prison of Peter House:

That Major Slaughter, now Prisoner in the Tower, be removed to the King's Bench Prison.

That Mr. Hamilton, now a Prisoner in the Tower, be removed to the Compter in Southwark:

Mr. Miles Corbett reported the Articles of Impeachment of High-Treason against Lieutenant Colonel Jeremy Banes: The which were read; and, upon the Question, assented unto; and were as followeth; viz.

Banes' Impeachment.

Articles of the Commons, assembled in Parliament, in Maintenance of their Impeachment against Lieutenant Colonel Jeremy Banes; whereby he stands charged of High Treason.

1. FIRST, That the said Jeremy Banes hath maliciously and traiterously endeavoured, combined and conspired to subvert the Freedom of Parliament.

2. That he hath maliciously and traiterously plotted and endeavoured to foment and raise a new War, tending to the utter Destruction both of Parliament and Kingdom.

3. That, for the better Advancing of his traiterous Purpose, did, with divers others in the City of London, traiterously and wickedly set on Foot, and enter into a mischievous desperate Vow and Engagement; being against the Freedom of Parliament, the Liberty of this Nation, and tending to the Raising of a new War against the Parliament, and their Army.

4. And, in farther Pursuance of his said traiterous Purposes and Designs, did, on the Twenty-sixth of July last, abet, aid, and assist, a tumultuous Confluence of Apprentices, and other dissolute and desperate Persons, to commit a most horrid and unheard-of Violence upon both Houses of Parliament.

By which Actions, Designs and Endeavours, he hath traiterously laboured to ruin and destroy the Parliaments and Kingdom: For the which they do impeach him of High Treason against the King, his Crown and Dignity.

And the said Commons, by Protestation, saving to themselves the Liberty of exhibiting, at any Time hereafter, any other Accusation or Impeachment against the said Lieutenant Colonel Banes; and also of replying to the Answers that the said Lieutenant Colonel Banes shall make to the said Articles, or to any of them; and of offering farther Proof also of the Premises, or any of them; or of any other Impeachment or Accusation that shall be exhibited by them, as the Cause shall, according to the Course of Parliament, require; do pray, That the said Lieutenant Colonel Banes may be put to answer to all and every the Premises; and that such Proceedings, Examination, Tryal, and Judgment, may be upon every of them had and used, as is agreeable to Law and Justice.

Mr. Miles Corbett reports the Form of a Proclamation for calling in divers Persons, Actors or Abettors in the late horrid Force and Violence upon the Houses: The which was read; and, upon the Question, assented unto; and was as followeth; viz.

Violence to Parliament.

The Lords and Commons in Parliament assembled, having put into a Way of Inquiry and Examination the late horrid and violent Force done to both Houses of Parliament, upon the Twenty-sixth of July last past; to the Intent that due and exemplary Punishment might be inflicted upon the Contrivers, and some of the chief Actors thereof, according to their Demerits; and having received clear Proof, That the Persons following, viz. Thomas Carill, Bartholomew West, Richard Rumney, Ralph Hooker, John Milton junior, James Studley, Henry Coltherst, Richard Fortye, Wm. Drake Son of Roger Drake of Cheapside, * Brooke Apprentice or Servant to Mr. Barker of Helen's, John Hartley, and Daniell Hill, were principal Actors in that Treason and Conspiracy; which said Persons have sithence absented themselves from their usual Places of Abode, and cannot be found to be brought to a present Tryal: The said Lords and Commons do Ordain and Declare; and be it, by Authority of Parliament, Ordained and Declared, That the Lord Mayor and Sheriffs of the City of London, and all other Mayors, Sheriffs, Justices of Peace, Bailiffs, Constables, and Headboroughs, and all other Headboroughs, and all other Officers whatsoever, as well within Liberties as without, within the Kingdom of England, and Dominion of Wales, shall and may, and are hereby strictly charged and required to make strict Search in their respective Liberties and Jurisdictions, and inquire for the said Thomas Carill, Bartholomew West, Richard Romney, Ralph Hooker, John Milton junior, James Studley, Henry Coltherst, Richard Fortye, Wm. Drake Son to Roger Drake of Cheapside, * Brook Apprentice or Servant to Mr. Barker of Helen's, John Hartley, and Daniel Hill: And in case they, or any of them, are found, then to apprehend them, and commit to safe Custody in the next common Gaol; and forthwith thereof to give notice unto the Speakers of the Houses of Parliament, or either of them; and to keep them in such Gaol, until they receive farther Direction from both or either of the Houses of Parliament: And, if any Person or Persons, after Publication and Notice hereof, knowing the said Persons above-named, shall receive, harbour, relieve, or entertain them, or any of them; that all such Persons, and every of them, so receiving, harbouring, relieving, or entertaining any of the abovenamed Persons, shall be reputed and adjudged, and accordingly punished, as Persons that do receive, harbour, relieve, entertain, and abet Traitors and Enemies to the Parliament and State.

Delinquents not to hold Offices.

An Ordinance for disabling all Persons, Delinquents, specified in the said Ordinance, to bear any Office in any City, Borough, or Town Corporate; or to be elected to any Office; and to take away the Power of Election to any Office from any such Delinquent, was read; and, upon the Question, assented unto; and ordered to be sent to the Lords for their Concurrence.