House of Commons Journal Volume 6: 19 February 1649

Die Lunæ, 19 Februarii, 1648.

Prayers.

* * * * (fn. 1).

Berks Writ.

ORDERED, That Mr. Speaker do issue forth his Warrant to the Clerk of the Crown in Chancery, to issue forth a Writ for Election of a Knight of the Shire for the County of Berks, to serve in this House for the said County, in the place and stead of Sir Francis Pyle Knight, deceased.

Prince Elector.

A Letter from the Prince Elector, from Somerset House, of 14 February 1648-9, was this Day read.

Ordered, That Mr. Speaker do grant a Warrant, for a Pass, for his Highness the Prince Elector to go into Holland or Zealand; and for the Prince Elector to transport into Holland and Zealand Thirty Horses or Geldins, Custom and Impost free.

Mr. Trenchard reports from the Committee for the Prince Elector, What is Arrear and due to the Prince Elector of the Eight thousand Pounds per Annum, formerly granted to his Highness.

Ordered, That, out of the Revenue set apart for the Prince Elector, the Arrears due to his Highness be paid: And that it be referred to the Committee for the Prince Elector's Allowance: Who are hereby enabled, out of that Estate, to raise the same, and make Payment thereof.

Ordered, That it be referred to the same Committee, to take care that the Arrears due out of that Revenue, be speedily paid and satisfied, by the several Persons who ought to pay the same.

Ordered, That the Prince Elector do first send to Mr. Speaker a particular List of the Names of those Persons for whom his Highness desires a Pass, as his Retinue, to go with him into Holland or Zealand; to be presented to the House, before a Pass be granted for them.

Ordered, That it be referred to the Committee of the Navy, to provide convenient Shipping for the safe Transport of his Highness the Prince Elector, with his Retinue, Goods, and Baggage, and Thirty Horses or Geldings.

Letter read.

A Letter from the Mayor of Marleborough was this Day read.

Ordered, That the said Letter, and the Proclamation inclosed, be sent to the Council of State.

Cursitor Baron's Patent.

The Form of a Patent to be granted to Richard Tomlyn Esquire, the Cursitor Baron, of the said Office of Cursitor Baron, quamdiu se bene gesserit, was this Day read; and, upon the Question, agreed unto; and was in hæc verba; viz.

Custodes Libertatis Anglie, Auctoritate Parliamenti, Omnibus ad quos presentes Litere pervenerint, Salutem. Sciatis, quod Nos dedimus et concessimus, ac per Presentes damus et concedimus, Richardo Tomlyns Armigero Officium unius Baronum de Scaccario publico, quod Thomas Leeke Armiger nuper habuit et exercuit: Ac ipsum Richardum Tomlyns unum Baronum de Scaccario publico predicto facimus, ordinamus, et constituimus per Presentes, habendum, tenendum, et gaudendum Officium predictum pretato Richardo Tomlyns, quamdiu se bene gesserit; necnon habenda et percipienda omnia Feoda, Vuda, Regardas, Vesturas, Pelluras, Commoditates, et Emolumenta predicto Officio debita et consueta, in tam amplis Modo et Forma, prout prædictus Thomas Leeke, aut aliquis alius, Officium illud nuper hensum habuit et percepit, seu habere vel percipere potuit aut debuit; exceptis tamen semper extra hanc Concessionem nostram omnibus Feodis per Receptores nostros Johanni Sotherton Armigero, predicti Johannis Sotherton Armigeri, quondam uni Baronum de Scaccario predicto, dum vixit ante hac Tempora solutis pro Receptione et Examinatione Compet' Receptorum, et Ministrorum infra Comitatus Ebor', Buck', Bed', Oxon', Berks, South Wales, et Ducatum Cornubie; et postea solutis pro Receptione et Examinatione premissorum Edwardo Bromley Militi, nuper uni Baronum ejusdem Scaccarii, nunc defuncto; et nuper Richardo Weston Militi, uni Baronum ejusdem Scaccarii, attingentibus annuatim ad Summam Septuaginta et Trium Librarum. In Consideratione quorum, ac in Recompensatione ejusdem, dedimus et concessimus, ac per Presentes damus et concedimus, eidem Richardo Tomlyns, ultra omnia Vuda, Feoda, et Regardas, non, prout antea, pro Exceptione, quandam Annuitatem, five annuale Feodum, Centum Mercarum legalis Monete Anglie per Annum, habendam et percipiendam predictam Annuitatem, sive annuale Feodum, Centum Mercarum, presato Richardo Tomlyns, quamdiu Officium predictum (sic, ut presertur, quamdiu se bene gesserit) habeat et exerceat ad Receptum Scaccarii publici predicti, per Manus Thesaurarii, Subthesaurarii, et Camerarum ejusdem Scaccarii annuatim solvendum, ad Festa Pasche, et Sancti Michaelis Archangeli, equis Portionibus singulis Annis solvendum. Eo quod expressa Mentio de vero Valore annuo, aut de Certitudine premissorum, aut eorum alicujus, aut de aliis Donis sive Concessionibus per nuper Reges Anglie, vel aliquem eorum, ante hac Tempora facta, in presentibus minime facta existit; aut aliquo Statuto, Actu, Ordinatione, Provisione, Proclamatione, five Restrictione, in contrarium inde antehac habitis, factis, editis, ordinatis, seu provisis, aut aliqua alia Re, Causa, vel Materia quacunque, in aliquo non obstantibus. In cujus Rei Testimonium has Literas nostras fieri fecimus patentes. Testibus Nobis ipsis, apud Westmonasterium, Die Februarii, Anno Domini Millesimo Sexcentesimo Quadragessimo octavo.

Army.

A Letter from the General, from Queen-street, of the Third of February 1648, touching paying and disbanding Forces in Kent, under the Command of Sir Michael Livesey; and another Letter from the General touching Part of those Forces; were both this Day read.

Ordered, That this House doth approve of what was done by the General, and Sir Michael Livesey, and Colonel Sydney, upon the Desire of the General, in keeping up the Forces of Horse and Foot in Kent; notwithstanding the Order of this House of the Four-and-twentieth of October last.

Ordered, That the Charges for disbanding all the Forces of Horse and Foot in the County of Kent, except one Company of Foot, shall be paid by the Committee of Kent, out of the Compositions and Sequestrations of the late Delinquents in the said County of Kent, and likewise the Monies raised by Sir Michael Livesey; and for Repayment whereof he hath undertaken to the County for taking off Free Quarter; be forthwith paid, out of the said Compositions and Sequestrations of the said late Delinquents: And that the Company to be continued, be also paid, by the said Committee, out of the same Compositions and Sequestrations.

Ordered, That it be referred to the Committee of State, to consider how the Forces of Horse and Foot in the County of Kent may be disposed of, for the Service of the Commonwealth, and the Ease of the County.

Ordered, That Mr. Speaker do give the Thanks of this House to Sir Michael Livesey, for his good and faithful Service to the Commonwealth in the County of Kent, and elsewhere.

And Mr. Speaker did accordingly give him the Thanks of this House.

Ordered, That the Troop of Horse under the Command of Colonel Sydney, attending the Service at the Garison of Dover, be paid off, equal with the Foot, to the Time of their Disbanding: And that this shall be no Prejudice to the Governor of Dover Castle, for his Entertainment; but that the same be continued to him as formerly.

Resolved, &c. That the Four Companies of Foot in Kent be forthwith disbanded.

Kent Delinquents.

A List of the Names of such Delinquents as were in the late Rebellion in the County of Kent, as are discharged by the Deputy Lieutenants, paying nothing, or very small and inconsiderate Sums was this Day read.

Mr. Leman, Mr. Blakiston, Colonel Rich, Mr. Allen, Mr. James Challener, Sir Henry Vane junior, Mr. Reynolds, Colonel Harvey, Sir John Bourchier, Colonel Harrison, Mr. Say, Colonel Peter Temple, Lord Mounson, Sir Michael Livesey, Colonel Purefoy;

This Committee, or any Three of them, are to examine the Powers given to the Committee of the County of Kent, to compound with the Delinquents in the late Insurrection there; and to examine the Actions of the said Committee thereupon, and by what Rules they have proceeded, touching the said Fines and Compositions; and to examine, Whether they have pursued the said Rules.

Leave to examine a Member.

Ordered, That the High Court of Justice have Liberty to examine Mr. Prydeaux, a Member of this House, and Mr. Scobell, Clerk of this House, as Witnesses in the Business touching Duke Hamilton.

Title of King's Son.

Ordered, That Mr. Lysle do bring in an Act to make it High Treason to promote the Title of Charles Stuart, Son of the late King, To-morrow Morning.

Council of State.

Lieutenant General Cromwell reports from the Council of State . . . . . . . did meet on Saturday Night last: Where Thirteen of them did subscribe the Engagement; and; upon their Subscription, did do no other Act, but order the rest of the Members to be summonrd to be there this Morning: Where others did also subscribe, to the Number of Nineteen; viz. the Lord Grey of Groby, Lieutenant General Cromwell, Sir John Danvers, Colonel Henry Martyn, Mr. Heveningham, Colonel Ludlowe, . . . William Purefoy, Sir William Constable, Mr. Stapley, Mr. Holland, Mr. Robinson, Mr. Scott, Colonel Wauton, Mr. Lysle, Mr. Hutchison, Mr. Jones, Alderman Penington, Sir Henry Myldmay, Mr. Wallopp.

He also reports, That this Day the Lords that are named of the Council gave in their Answers, as to subseribing the Engagement, as followeth; viz.

Earl of Denbigh: That he takes it as a great Honour to be named by the House of Commons for this Service: That he hath formerly had the Honour to be employed by the late King to the State of Venice, and other Princes; and served in it faithfully: That he was since employed by both Houses in Arms; and was also faithful in That: That now there is no other Power in England, but That of the House of Commons: In whom the Liberty and Freedom of the People is so involved, as he is resolved to live and die with them; and doth acknowledge them the supreme Power of this Nation; and that what Government they shall set up and appoint, he will faithfully serve, to the best of his Power, with his Life and Fortunes: But that, in That Engagement, there are some Particulars that look backward, that he conceives he cannot, with Honour, subscribe; as being contrary to what he then acted as a Peer in the House of Lords, then acknowledged a Third Estate of this Kingdom; and to which he was subordinate, as a Member of that House, by a particular Relation of Duty and Obedience: But faith, as before, That he will for the future serve them with the best of his Power:

And also reports, The like, as to the general Matter, was given by the Earls of Pembrok, Salisbury, and Mulgrave; as also by the Lord General.

He further reports, That the Lord Grey of Wark faith, That he was always willing to do Service in any thing which he was commanded by both Houses: But, This coming only from one House, he desires to be excused:

And also the Names of such other Persons, named of the said Council, as are not satisfied to subscribe the said Engagement.

Candles.

Resolved, &c. That Candles be brought into the House.

Resolved, &c. That no Member of this House do go forth of the House, without Leave of this House.

The Question being propounded, That it be referred to all the Persons nominated to be of the Council of State (except the Lord Grey of Work), to confer amongst themselves, upon the Matter had in Debate in the House this Day, touching the Engagement; and report their Opinions to the House, What they conceive fit to be further done therein;

The House was divided.

The Yeas went forth.

So the Question passed with the Affirmative.

Resolved, &c. That it be referred to all the Persons nominated to be of the Committee of State (except the Lord Grey of Wark), or any Eight of them, they being all summoned to be present, to confer amongst themselves, upon the Matter had in Debate in the House this Day, touching the Engagement; and report their Opinions to the House, What they conceive fit to be done therein.

Invalid Soldiers.

Ordered, That Mr. Allen do make Report touching the Money for the Relief of the Wounded and maimed Soldiers, the first Business, To-morrow Morning.