House of Commons Journal Volume 7: 21 February 1660

Tuesday, the 21st of February, 1659.

Prayers.

Votes of 1648-9 vacated.-Secluded Members, &c.

RESOLVED, &c. That the Resolution of this House, of the 18th of December 1648, That Liberty be given to the Members of this House, to declare their Dissent to the Vote of the 5th of December 1648, That the King's Answer to the Propositions of both Houses, was a Ground for this House to proceed upon, for Settlement of the Peace of the Kingdom, be vacated, and made null and void, and obliterated.

Resolved, &c. That the Resolution of this House, of the 20th of December 1648, touching Members declaring their Dissent or Disapproval of the said Vote, of the 5th of December 1648, to a Committee therein named; and every Clause of the said Order; be vacated, and made null and void, and obliterated.

Resolved, That the Order of the 23th of February 1648, That no Member that hath not sitten in this House since the 31th of January then last, should sit in any Committee, until this House take further Order, be vacated, and made null and void, and obliterated.

Resolved, That the several Votes, of the 20th of December 1648, touching the Manner and Entry of the Disapproving of the several Members to the Vote of the 5th of December 1648, be made null and void, and obliterated out of the Journal-Book.

Resolved, That the Vote of the 9th of June 1649, touching the suspending the Sitting of such Members as should not enter their Dissent or Disapproval of the said Vote of the 5th of December 1648, and should not, before the 30th of the said Month of June, give Satisfaction to the said Committee; and that the House would proceed to the Election of new Members, in their room; be vacated, and made null and void, and obliterated.

Resolved, That all Orders of this House made upon a Paper, intituled, "A solemn Protestation of the Imprisoned and Secluded Members of the Commons House, against the horrid Force and Violence of the Officers and Soldiers of the Army, on Wednesday and Thursday last, being the 6th and 7th of December 1648," be, and are hereby, vacated, and made null and void, and obliterated: And that the said Paper be taken off the File.

Resolved, That the Resolution of Parliament, of the 5th of January 1659, for confirming the former Votes, be likewise vacated, and made null and void, and obliterated.

Resolved, That all Votes of this House, touching new Elections of Members to sit and serve in this Parliament, be, and are hereby, vacated: And that Mr. Speaker be and is required not to sign any such Orders.

Ordered, That it be referred to a Committee, to expunge and obliterate the Votes and Resolutions of this House, this Day vacated; and also consider, What other Votes there are of this Nature; and report their Opinion to the Parliament, Which of them they conceive fit to be vacated: Viz. unto Mr. Raleigh, Colonel Pury, Mr. Weaver, Sir Anthony Ashley Cooper, Mr. Ansley, Mr. Prynn; or any Three of them: And are to meet, in the Speaker's Chamber, at Two of Clock this Afternoon. And that Mr. Weaver be desired to take care hereof.

Gen. Monck, Commander in Chief.

Resolved, &c. That General George Monck be constituted and appointed Captain-General, and Commander in Chief, under the Parliament, of all the Land-Forces of England, Scotland, and Ireland.

Resolved, That Vice-Admiral Lawson be, and is hereby, continued Vice-Admiral of the Naval Forces.

Army Commissioners.

An Act appointing Commissioners for Government of the Army, was read.

Resolved, That all the Powers granted to General George Monck, Sir Arthur Hesilrig, Colonel Valentine Walton, Colonel Herbert Morley, and Colonel Matthew Alured, by the said Act appointing Commissioners for Government of the Army, do cease: And that the said Commissioners be required to forbear to proceed to act any further thereupon: And that Colonel Morley do give Notice of this Vote to the rest of the said Commissioners.

Resolved, That an Act of Repeal of the said Act, appointing Commissioners for Government of the Army, be brought in by the said Committee: And that Mr. Scawen and Mr. Serjeant Maynard be added to that Committee.

Prisoners in the Tower discharged.

Resolved, That Sir Robert Pye be discharged of his Imprisonment in the Tower.

Resolved, That Major Fincher be discharged of his Imprisonment in the Tower.

Resolved, That Mr. Vincent be discharged of his Imprisonment in the Tower.

Resolved, That Mr. Bludworth be discharged of his Imprisonment in the Tower.

Resolved, That Major Chamberlayne be discharged of his Imprisonment in the Tower.

Resolved, That Colonel Blomfeild be discharged of his Imprisonment in the Tower.

Resolved, That Mr. Jackson be discharged of his Imprisonment in the Tower.

Resolved, That Major Cox be discharged of his Imprisonment in the Tower.

Resolved, That Mr. Thomas Browne be discharged of his Imprisonment in the Tower.

Resolved, That Mr. Rootes be discharged of his Imprisonment, upon giving Security to the Lieutenant of the Tower, not to disturb the Peace of the Commonwealth.

Ordered, That the Lieutenant of the Tower do give an Account to the Parliament, To-morrow Morning, of the Cause of the Imprisonment of Sir George Booth, and Major Peter Brooke.

Army.

Ordered, That all such Orders as have been made since Saturday last, by the Council of State, or Commissioners of the Army, concerning the Forces and Garisons, be communicated to General George Monck: And that there be no Proceedings upon any of the said Orders, without the Approbation of the said General George Monck.

Council of State.

Resolved, That all Powers given to the Council of State be, and are hereby suspended, until the Parliament take further Order: And that an Act be brought in, for constituting a new Council of State, this Afternoon: And that Mr. Weaver do give Notice of this Order to the Council of State; and leave the Order with the Clerk of the Council.

Ordered, That Serjeant Maynard, Mr. Pryn, and Mr. Solicitor Ellis do bring in the Bill for constituting a Council of State.

Tuesday, February 21st, 1659; Afternoon.

London Com. Council.

RESOLVED, That the Order of Parliament, of the 9th of this instant February, "That the present Common-Council for the City of London, elected for this Year, be discontinued, declared null and void," shall be, and is hereby, vacated, and made null and void.

City Gates, &c. restored.

Resolved, That the Lord Mayor, Aldermen, and Common-Council of the City of London, have Liberty to make up their Gates, Posts, Portcullices, and Chains, as they shall see Cause.

Ordered, That Sir Gilbert Gerrard, Mr. Vassell, and Alderman Atkin, do deliver these Votes to the Lord Mayor of London, Aldermen, and Common-Council of the City of London.

Army Commissioners.

Ordered, That Mr. Solicitor-General, Mr. Serjeant Glyn, and Mr. Serjeant Maynard, do withdraw and bring in an Act for repealing the Act constituting Commissioners for Government of the Army.

Council of State.

Mr. Weaver acquaints the House, That he had given Notice, to the Council of State, of the Order of this House for suspending the Council of State, according to the Command of the Parliament: And that ready Obedience will be yielded thereunto.

Instructions, formerly given to the Council of State, were read.

Mr. Serjeant Maynard reports, A Bill, constituting a Council of State: Which was this Day read the First and Second time; and, upon the Question, committed: Viz. unto Sir Anthony Ashley Cooper, Colonel Lassells, Sir Wm. Lewis, Sir John Evelyn, Mr. Weaver, Sir John Holland, Serjeant Maynard, Mr. Francis Bacon, Sir Wm. Brereton, Sir Richard Onslow, Sir Wm. Waller, Sir Gilbert Gerrard, Colonel Mountague, Mr. Ralegh, Mr. Knightley, Colonel Birch, Mr. Ansley, Mr. Pryn, Sir John Temple, Colonel Ingoldsby, Colonel Harvey, Colonel Norton, Mr. Jennings, Colonel Rossiter, Mr. Trevor, Colonel White, Lord St. John, Mr. Nelthorpe, Colonel Popham, Mr. Solicitor Ellys; or any Five: And they are to meet this Afternoon, in the Speaker's Chamber: With Power to consider of these Instructions, and of former Instructions given to the Council of State: And to present such Instructions, to . . given to the Council of State, to the Parliament, for their Consideration, as they shall think fit.

Letter read.

A Letter from General George Monck, from Whitehall, of the 21st of February 1659, was read.

Council of State.

Resolved, That the Number of the Council of State be One-and-thirty.

Resolved, That General George Monck be one of the Council of State.

Resolved, That the respective Members of Parliament do, To-morrow Morning, prepare their Papers, to make up the Thirty Persons more, to be of the Council of State: And that the Council of State be chosen by the Glasses, as formerly was accustomed, To-morrow Morning.

Person to attend.

Ordered, That Major Peter Brooke do attend the Parliament To-morrow Morning.

Attendance of Members.

Ordered, That Mr. Speaker do write Letters to the Sheriffs of the respective Counties, to summon the respective Members of Parliament to attend the Service of the Parliament: And that the same be signed by Mr. Speaker.

Persons discharged from Imprisonment, &c.

Ordered, That the Order concerning the Imprisonment of any of the Members of the Common Council be discharged.

Ordered, That Mr. Chester, High Sheriff of Buckinghamshire, be discharged of his Imprisonment.

Ordered, That Henry Brooke Esquire be discharged of his Imprisonment.

Ordered, That General George Monck be desired to take care, That the Post have free Passage for this Night: And that Sir John Temple do acquaint the General with this Order.

Ordered, That Sir John Norcott, Sir William Courtney, Sir Richard Temple, and Sir Copleston Bampfeild, be discharged of their Imprisonment.

Ordered, That the Keeper of the Castle of Windse do forthwith certify to the Parliament the Causes of the Imprisonment of the Earls of Crawford and Lauderdale, and the Lord Saintclare, now in Prison there.

Resolved, That the Apprentices of London, now in Prison at Lambeth-House, be discharged of their Imprisonment.