October, 1646.

October 1. Order for five hundred pound to be paid to the Executors of the late Earl of Essex, for defraying some ingagements, and for the charge of his Funeral, and that of four thousand five hun∣dred pound due to his Countess who was disaffected to the Parliament, four thousand pound should be paid to the State, and five hundred pound to Col. Mathews, and to the Servants of the Earl.

A question being propounded whether the great Seal be disposed of into the hands of Members of * both Houses; the question was put, whether that question should be put or not, and carried in the Negative.

Voted, That it should be disposed into hands of Page  228 three Commissioners; That the Members of both Houses, late Commissioners of the great Seal, as a token of Favour from the Parliament, and King∣dom, should have a thousand pound bestowed on them for all their faithful Services.

That the Earl of Salisbury one of the late Com∣missioners should have the thanks of the House.

That the Members of the Commons late Com∣missioners of the Seal, should have the priviledge to plead within the Bar, next to the Sollicitor Ge∣neral of the King.

An Ordinance voted to be brought in for setling five thousand pounds per An. upon Sir Thomas Fair∣fax and his Heirs.

Many Aldermen and Common Council-men of London desired to know the pleasure of the House whether the Works about the City should be slighted or not, and if not, then they desired twelve thousand pounds for the Maintainance of them, the House appointed the Committee of the Army to treat with the Militia of London about it.

Letters informed that the Popish Clergy at Water∣ford have pronounced the supreme Council at Kil∣kenny, to be perjured for agreeing to the Peace, and proceed to excommunicate them.

(2.) The House sate in a Grand Committee till seven at night, upon the Ordinance for disposing of Bishops Lands.

(3:) Private Petitions heard.

Order for two thousand pounds for the Officers and Garrison of Dover, and for payment of the debts of the State to some Handy-crafts men, and for two thousand pound for Col. Sandersons Regi∣ment, upon their disbanding.

Order for seizing upon a new Impression of the Common-Prayer.

Referred to a Committee to find out the Au∣thor and Printer of a Pamphlet called, Yet another * word to the Wise, that they may be punished.

(5.) Ordinance for setling two hundred pound per An. on Mr. Hugh Peters.

Order for a new Election.

The Negotiations of some Captains of the Par∣liaments Ships with the Marquess of Ormond con∣firmed, as to lending to him Arms and Ammunition against the Rebels, and order for Letters of thanks to Captain Willoughby one of those Captaius.

Orders for supplys for Ireland.

Ordinance sent up to the Lords for sale of Bish∣ops Lands, Treasurers and Trustees for it named.

Letters informed, That the Estates of Scotland had fully agreed to the Scots Army marching out of England, and the Garrisons to be delivered up, upon payment of the two hundred thousand pound as was agreed.

The Irish Rebels drew their Forces towards Dublin, and the Marquess of Ormond prepared for defence.

Col. Bethel was called into the House, and had their thanks for his good Services.

Beaumarice Castle in Anglesey was surrendred to the use of the Parliament, upon Articles.

Order that all Commissions made to Sea Captains * which were, as from the King and Parliament, which some of them interpreted to the prejudice of the Parliaments Service, should be altered, and made in the name of the Parliament only.

Order for Money out of Delinquents Estates in Wilts for disbanding the Forces there.

The Confession of Faith brought in from the As∣sembly, debated. *

Order for one thousand seven hundred pound out of Delinquents Estates in Lincoln-shire to be paid to the Earl of Lincolne, which he had disbursed for the Parliaments Service.

A French Pyrat taken by the Parliaments Ships.

The Irish Rebels prevailed.

A Conference by the Committee of Lords, and Commons, with the Scots Commissioners about disposing of the Kings Person.

(7.) Upon Letters from Sir Thomas Fairfax for Pay and Cloathing for the Army,

Ordered that the Assesment be continued for six Months longer for the pay of them.

Order for three pound a week for maintenance of the Widow and Children of Mr. Franklyn a Member of the House, that dyed a Prisoner to the Kings Party, and that the Arrears of M. Franklyn be computed and paid.

Order for hastning the payment of ten thou∣sand pound to the poor Widows, and for relief of Tenants whose Land-lords were of the Kings Par∣ty.

For supplys for the Northern Forces.

(8.) Composition of the Lord Savile allowed, and out of it a thousand pound was ordered for the Widow and Children of Captain Askwith, who laid out nine hundred and sixty pound in raising a Troop of Horse for the Parliament.

Votes, That Sir Rowland Wandesford, Sir Tho. * Beddingfield, and Mr. Jo. Bradshaw be Commissio∣ners of the great Seal for six Months, sent up to the Lords.

(9.) Progress upon the Articles of Faith.

Votes of both Houses that Captain Pen be Cap∣tain of the Assurance Frigot.

The Committee of both Houses debated with the Scots Commissioners about disposing of the Kings Person.

An Ordinance sent up to the Lords for four hun∣dred pound for the poor Irish Protestants here.

The Lords desired the concurrence of the Com∣mons in the Ordinance for dissolving of all Countrey Committees.

(10.) Debate upon the Accounts of Sir Will. Brereton as Major General, and a Committee na∣med to consider of the pay of ten pound per diem to every Major General and of their incident char∣ges, and of the free quarter and provisions taken by them. They ordered five thousand pound to Sir Will. Brereton out of such Delinquents Estates, not yet compounded for as he should nominate.

Order that the Tax of one per cent. for Plymouth shall continue till January 1, and no longer.

Vote for a Balleting box to be made.

(12.) Report of seven Ordinances drawn out of the Propositions for Peace.

• 1. For justifying and confirming the Proceedings of * Parliament.
• 2. For setling the Militia of England and Ireland in the Parliament for twenty Years.
• 3. For confirming the Treaty with Scotland.
• 4. For making void all Titles under the great Seal after it was carried away.
• 5. For confirming the present great Seal, and all Acts done thereby.
• 6. For making void the Irish Cessation.
• 7. For disposing Offices by consent of Parliament.

All these, except that of the Militia and Scots Treaty pass'd, and sent upto the Lords.

An Ordinance appointed to be drawn, to injoyn all to take the Covenant.

Order touching Compositions of Delinquents.

A Malignant chosen Major of Berwick sent for, and the old Major continued.

A Petition of many Officers and Soldiers of the Parliaments, That they may not be prosecuted at Law * for things done by them in the war, and as Soldiers up∣on sundry Exigencies,

Page  229 Conference about disposing of the Person of the King.

A Committee appointed to treat with the Com∣missioners come from the Marquess of Ormond.

The French Ambassador and Agent were with the King at Newcastle.

The Plague broke forth there, brought from London.

Letters informed that divers Inhabitants of Nor∣thumberland had left their habitations, by reason of the oppression by the Soldiers quartered with them.

(13.) The Lords concurred to the Ordinance for sale of Bishops Lands, for advance of two hun∣dred thousand pounds for the Scots Army, and to take away the power of Committees for disposing of Offices, and desired the concurrence of the Commons to take away all Countrey Commit∣tees.

An Ordinance sent up to the Lords for an Asses∣ment for the Garrison of Bristol and Glocester.

Vote for an Ordinance for fifty three thousand pounds per mensem, assesment for the Ar∣my.

Debate touching the Confession of Faith.

An Ordinance past for constituting the three Commissioners of the Seal, with a Provisoe, that if any of them be chosen a Member of the Parlia∣ment, he shall leave his place.

Vote for continuing the Seal-bearer.

The Ordinance past for sale of Bishops Lands, and to secure the two hundred thousand pound to the Scots.

(14.) The House sate in a grand Committee upon the Ordinance against Heresies.

Report of the Marquess of Ormond. *

That he desired supplys and Moneys for the Forces with him, and that he would either come to London, or go beyond Sea, or serve in Ireland, as the Parliament pleased, and surrender Dublin, &c. re-committed, to treat further upon the surrender of Dublin, and the other Garrisons.

A Letter from Ormond to the King, and ano∣ther to London, laid aside, not to be delive∣red.

The Ordinance for the Commissioners of the * great Seal again presented to the Lords at a confer∣rence, with some alterations, as reserving power to make Justices of the Peace, to present to Parsona∣ges, &c.

The House sent and seized at the Press the Pa∣pers of the Lord Chancellors Speeches, then in * Printing, touching the disposal of the Kings Person, and took the Printer and Bookseller into Custody for doing it without licence of the Houses, though they had the warrant of the Scots Com∣missioners for it.

(15.) A Pass from both houses to transport sixteen Naggs beyond Seas.

A Committee named to bring in an Ordinance for the Indemnity of Officers, and Soldiers who have taken necessaries in the time of War, and are now prosecuted for it at Law, and the Com∣mittee to receive Complaints, and give relief in the mean time.

A Letter from the Scots Commissioners desired the enlargement of the Stationer, and Printer of their Speeches, and the Printer and Stationer sub∣mitted, referred to a further examination.

Ordinances sent up to the Lords for ten thousand pound for the poor Widows, for four hundred pound for the poor Irish Protestants here, for set∣ling the Militia, and for the Treaties with Scot∣land.

(16.) A Committee named to consider of Print∣ing the Septuagint Bible.

A Conference about the Printing of the Lord Chancellor of Scotland's Speeches.

An Ordinance sent up to the Lords for trans∣porting of Persons to foreign Plantations.

The House sate in a grand Committee in the af∣ternoon about the Assesments for the Army.

(17.) Order that the Marquess of Hertford, his Lady, or others, who had seized Money or Writings in Essex House, should restore them to the Executors of the Earl, viz. the Earl of Nor∣thumberland, the Earl of Warwick, and Mr. Sollici∣tor St. John.

A Committee named, to whom the probate of this, and all other Wills was referred, and also a Petition of the Doctors of Civil Law concerning the probate of Wills.

Order that neither the Marquess of Hartford, nor any other who had born Arms against the Par∣liament, should go with the Corps of the Earl of Essex, at his Funeral.

Vote for fifteen thousand pound for the Forces in Ireland, and for five thousand pound for the Forces of Major General Pointz.

Sir Fr. Willoughby one of the Lord Ormonds Commissioners sent back to inform him what the Parliament had done.

(19.) Debate about the Trustees for sale of Bishops Lands.

Order that all the Members of the House do at∣tend the Funeral of the Earl of Essex, and that the House be adjourned for that day, as the Lords had done.

In the afternoon the House sate till six at night upon the Ordinance for sale of Bishops Lands.

The General, with Major General Massey went to the Devizes, where a rendezvous was appointed for the disbanding of such of Major General Mas∣sey's Forces as would not go for Ireland.

(20.) One Arrested contrary to the Articles of Oxford, the Serjeants sent for as Delinquents, upon a certificate from Sir Tho. Fairfax.

Difference about the Commissioners of the Seal, The Lords named four more to be added to the three named by the Commons, they altered their former Vote for the three Commissioners, and or∣dered * an Ordinance to be brought in to establish the former fix Commissioners Members of both Houses.

Order that Col. Mitton offer resonable conditi∣ons to the Garrisons in Wales not yet reduced, which if they refuse within twenty days, that then they shall not be received to Mercy; and referred to a Committee to consider of imploying those Forces for Ireland, after the rest of the Garrisons should be reduced; and a Letter sent to Col. Mit∣ton to acquaint him with these Votes.

Votes for Mr. Bish to be Garter King at Arms, * and Mr. Bish to be Clarentiaux, Mr. Riley to be Norw•y, and a Committee to regulate their Fees.

Ordinance for sale of Bishops Lands.

The Money and Writings of the Earl of Essex taken away, were restored.

Captain Betten voted to be Vice-Admiral of the Winter Fleet.

Dunkirk was surrendred to the French upon Ar∣ticles, great solemnities of Thanksgiving, great Guns and Bonefires for it in France.

(21.) The House sate in a Grand Committee upon the Ordinance for Sale of Bishops Lands.

A Committee named to consider of regulating the Chancery, and to receive complaints touching Fees of that or any other Court of Equity within the Kingdom.

Referred to the same Committee to consider who are fit to be Justices of the Peace, and who not, in all Counties.

Page  230 The Funeral of the Earl of Essex was solemnized with great State.

All the Members of both Houses, Sir Thomas Fairfax, the Civil and Military Officers then in Town, and the Forces of the City, a very great number of Coaches, and Multitudes of people present at it.

The General had been at the Devizes to dis∣band the Brigade of Major General Massey; which was done with little trouble, and few of them list∣ed themselves for Ireland.

From the Disbanding the General hasted up to London, and was at the Funeral of the Earl of Es∣sex.

(23.) The old Commissioners of the Seal had * been voted to be continued, upon the constitu∣ting new Commissioners, now the old Commissio∣ners were voted down again, and an Ordinance past and sent to the Lords to make the two Speakers Commissioners of the Seal, till twenty days after this Term.

This incertainty and change of Resolution in the House, was much discoursed of by some who were not their friends, they were reflected up∣on for it.

But they excused themselves by reason of the difference in Opinion from them by the Lords, and now they began to be more apprehensive than for∣merly, that so great a trust as the Custody of the Seal, was most proper and fit to be only in their own Members.

Order for a Commission to enable the Master of the Rolls and the Judges, to hear and determine for the present all Causes in Chancery.

Order that the Judges in Serjeants Inne, the Benchers of the Innes of Court, and Principles of the Innes of Chancery, shall permit no Lawyers that have born Arms against the Parliament, to be in any of those Societies.

Referred to a Committee to examine the entry of Mr. White into a Lodge belonging to Sir Tho. Walsingham.

Order for six thousand pound to be paid to the Committee of Berks for Abbington Garrison, and that the Committee of the three Counties, do con∣sider what Forces of that Garrison, and in those Counties are fit to be disbanded.

Upon Petition of the Stationer, and Printer of the Lord Louden's Speeches, they are dischar∣ged.

The Grand Committee sate in the afternoon a∣bout Bishops Lands.

(24.) Progress about Bishops Lands.

Complaints from the North of their bur∣thens.

Vote that the Chancery shall not proceed in any Cause determinable at Law.

High Sheriffs nominated.

Ordinance pass'd for the two Speakers to be Commissioners of the Seal.

(26.) Progress about the Sale of Bishops Lands.

The Lords desired the concurrence of the Com∣mons for the quartering of Sir Tho. Fairfax his Ar∣my more Northerly.

Orders for supplys of Forces.

Both Houses voted Captain Swanley to be Ad∣miral of the Irish Seas.

Order to audite the Arrears of Col. Fleet-wood.

Debate about the Scots Papers touching the dis∣posal of the Kings Person, and it was referred back to the Committee.

Indictment in Bucks for not reading the Com∣mon Prayer complained of.

Ordered that an Ordinance be brought in to take away the Statute that injoyns it, and to disa∣ble Malignant Ministers from Preaching.

Progress about the Assessments for the Ar∣my.

A Petition and Leters from the North informed that the Scots Army Quartering in those parts, tax them seven times more than their Revenue, rob, beat, and kill the Inhabitants, who are more slaves to them than any are in Turkey.

That the Plague was begun amongst them.

(27.) Orders for Compositions, and for the Committee of Goldsmiths Hall to put in Execution the Ordinances for Sequestrations.

Order for a Collection for the poor.

The City of Chester chose Mr. Recorder Glyn to be an Alderman of that City instead of the Earl of Derby.

Sir Tho. Wharton, Sir Robert King, Sir John Clot-worthy, Sir Robert Meredeth, and M. Salwey ap∣pointed Commissioners for Ireland.

(28.) The Monthly Fast kept.

Care for the ten thousand pound for Widows and Wives of Soldiers and others.

Three Ministers sent to Preach in Wales.

Mr. Sympson formerly silenced from Preaching, because he differed in Judgment from the Assembly in some points, was restored to his liberty.

(29.) Progress in the grand Committee upon the sale of Bishops Lands.

The Lord Monson a Member of the House of Commons, desired to wave his Priviledge, and to have a Sute against him proceed, the House ap∣pointed * an Ordinance to be brought in to take a∣way the Priviledge, as to Title, and Debts; the Person only to be priviledged, and not his lands or Goods.

Both Houses agreed to the Ordinance, to make void all Titles and Honours granted under the Great Seal, after it was carried away from the Par∣liament.

Letters from Major General Pointz and others, informed that the Scots laid intolerable assesses up∣on the Country, and kept Centinels and Guards, as if they had enemies near them, and examined all Pas∣sengers.

The House ordered that Sir Tho. Fairfax should give command to Major General Pointz and Col. Rossiter to keep Guards, and examine all passing that way Northward.

(30.) The grand Committee sate about the Ordinance for sale of Bishops Lands.

Order for drawing off all the great Guns from the Works for the ease of London and Westminster, and a Regiment of twelve hundred to be compleat∣ed for the Guards.

An Ordinance committed for sale of the Estates of the Earl of Worcester, &c.

An Ordinance read to constitute the two Speak∣ers fully Commissioners of the Seal.

(31.) Progress upon the Bishops Ordinance.

A Letter of the Scots Commissioners complaining * of the necessities of their Army, and of some scan∣dalous Papers Printed, of the sufferings of the Nor∣thern parts by their Army, referred to the Committee Complaints.

Letters informed that Lieutenant General Lesley gave a Protection to one Metcalfe in the North, a great Papist, to free him from Assessments, Team Horses, free quarter, &c.

Order that the Scots Commissioners be acquaint∣ed with it.

The Ordinance past, and the great Seal was * delivered to the two Speakers as Commissioners of it, in the presence of both Houses.