Die Mercurii, 3 Januarii, 1648.
Committee sent to Lords.
ORDERED, That Mr. Millington and Mr. Blakiston do presently repair to Mr. Browne, Clerk of
the Lords House, to see, How the Business stands in that
House, upon the Ordinance and Vote touching the King;
and to make Report thereof to this House.
Mr. Miles Corbett reports from the Admiral, a List of
the Names of the Ships, Vice Admiral, Officers, and
Commanders, in the Ships.
Ordered, That the List of the Ships and Names of the
Vice Admiral, and other Commanders of the Ships, be
referred to the Committee of the Navy; to confer with
the Lord Admiral, and with Citizens and Merchants of
the City of London, concerning the Names of such Men
as are fit to be employed in Service of the Parliament, in the Ships appointed for this Winter's Guard;
and to present their Names to this House, upon Friday
Ordered, That the Committee of the Navy do confer
with the Lord Admiral; and consider with him, What
Ships are fit to go out, for this Winter's Guard; and
who are fit Persons to command them; and to give an
Account to the House forthwith.
Ordered, That the Lord Admiral be desired to take
care, that Captain Moulton be appointed to command in
Chief in a sitting Ship, for the Winter's Guard.
Ordered, That Colonel John Lidcott be especially recommended, by the Committee of the Navy, to the Lord
Admiral, to command in some good Ship, for this Winter's
Guard, which may be for his Credit, and for the Service
of the State.
Ordered, That it be referred to the Committee for Removal of Obstructions in the Sale of Bishops Lands, to
cause, that the Owner or Landlord of the ancient Hedgerow of Elms, standing in the Parish of Stoke, on Lands
late the Bishop of Winchester's, which served as a Landmark to direct the Ships in their Return from Sea into
that Channel, have Consideration and Satisfaction for the
said Elms: And that the Committee of the Navy do take
care, that the said Elms be not felled or cut down, but
preserved for a Land-mark.
Ordered, That the Lord Mayor of London be required
to give Authority to Colonel Robert Titchborne, and Mr.
John Strange, to summon the Wards of Farrington Within,
and complete and perfect their Election begun of Common Councilmen in their Wards, according to their last
Ordinances of the Eighteenth and Twentieth of December
Ordered, That the Committee concerning Oaths do
make their Report touching the taking off the Restriction
of the Ordinance made the Twentieth of December last,
touching Election of Officers in the City, and touching
Oaths, on Friday Morning next.
Ordered, That the Oath to be taken by Common
Councilmen and the Trinity House Oath, be referred to
the Committee for Oaths: And the said Committee are
to make Report thereof To-morrow Morning: And all
that come to the said Committee are to have Voices.
Proceedings of Lords on Vote, &c. against the King.
Mr. Millington reports the Names of the Lords that
sat in the Lords House Yesterday; and the Proceedings
of the Lords Yesterday; and the Passages in that House,
concerning the Vote and Ordinances concerning the King,
and the other Ordinances and Orders, sent to the Lords
Yesterday for their Concurrence, as followeth; viz.
"Die Martis, 2 Januarii, 1648."
"Earl of Denbigh, Earl of Northumberland, Earl Mulgrave, Earl of Pembroke, Earl of Rutland, Earl of Kent,
Earl of Manchester, Lord North, Lord Hunsdon, Lord
Maynard, Lord Dacres, Lord Berkly."
"A Message was brought from the House of Commons, by the Lord Grey of Grooby, &c.; who brought
up these Particulars following; wherein they desire their
Lordships Concurrence; viz. That, by the fundamental
Laws of this Kingdom-the Vote, as formerly: An Ordinance for erecting a High Court of Justice for the
Tryal of the King."
"The Answer returned was, That this House will
take their Message into Consideration; and return Answer
by Messengers of their own."
"A Message by Mr. Corbett, who brought up an Ordinance for securing Six thousand Pounds."
"An Order for Concurrence to the Book of Rates."
"Order for Payment of old and petty Customs for
the Use of the Navy."
"An Order concerning the Army."
"An Order concerning Contracts made for Bishops
"House adjourned till This-day sevennight, at Ten
"The Vote declaring, "That, by the fundamental Laws
of this Kingdom, it is Treason in the King of England,
for the Time being, to levy War against the Parliament
and Kingdom of England," was read the Third time:"
"And the Question being put, Whether to put off the
Consideration of this Vote till some other Time;"
"It was resolved in the Negative."
"Then the said Vote was read again."
"And the Question being put, Whether to agree to this
Vote now read;"
"It was resolved in the Negative, Nemine contradicente."
"Then the Ordinance for erecting a High Court of
Justice for the Tryal of the King, was read the First
"And the Question being put, Whether this Ordinance, now read, shall be cast out;"
"It was resolved in the Affirmative, Nemine contradicente."
Proceedings to continue without the Lords.
Ordered, That the several Members of this House, and
others, appointed, by Orders of this House, or Ordinances of Parliament, to act in any Ordinance wherein
the Lords are joined, are hereby impowered and injoined
to sit, act, and execute, in the said several Committees,
of themselves, notwithstanding the Lords do not join
The Clerk is to bring in the Names of the Members
of this House added to several Committees, to which the
Lords have not joined.
Settlement of the Kingdom.
Ordered, That this House do take into Consideration,
To-morrow Morning, the first Business, those Affairs
that tend to the Safety and Settlement of the Kingdom.
Court for trying the King.
Mr. Lisle, Mr. Scott, Mr. Millington, Colonel Martyn; Mr. Garland.
This Committee is appointed to prepare an Ordinance
touching the Tryal of the King.
Ordered, That the Door of the House be shut: And
that no Member be permitted to go out of the House,
without Order of this House.
Haberdashers Hall Committee.
Ordered, That the Lord Grey, Mr. Love, Mr. Smyth,
Mr. Clement, Colonel Purefoy, Sir Gregory Norton,
Mr. Humphry Edwards, Mr. Cawley, Colonel Staply,
Lord Mounson, Mr. Say, and Mr. Holland, be added to
the Committee at Haberdashers Hall.
Ordered, That Mr. Symth, Mr. Say, and Mr. Humphry Edwards, be added to the Committee of Lords and
Commons for Sequestrations.
Ordered, That Captain Edward Mugford, Major Oliver
Cromwell, and Captain George Blake, shall have a Fifth
Part of such Discovery as they shall make of Papists
Estates, who have been in Arms against the Parliament,
for the Benefit of the State; provided they do not break
open any Houses or Doors for Discovery thereof.
WHEREAS, by an Ordinance of Parliament, of the
Four-and-twentieth of July 1648, it is ordained, That all
Contracts made by any Purchaser or Purchasers since
the First of April last, or hereafter to be made, for any
the Lands and Possessions of the late Archbishops and
Bishops, the Purchaser or Purchasers shall and may satisfy,
discharge, and pay, the Second Moiety of such Purchase
so contracted for, by Monies, or out of the Bills or Receipts given to any Lender or Lenders, his or their Assigns, by virtue of an Ordinance of Parliament, dated
13 Maii 1647, or by the Assignment of any of the said
Bills or Receipts; and that all Payments, made according to the Intent of the said Ordinance, of the said Twenty-fourth of July 1648, shall be good and effectual to discharge the Person or Persons of his or their Engagement
or Contract, for any of the said Premises; and that
Wm. Gibbes, Alderman Thomas Noell and Francis Ashe
Esquires, constituted Treasurers by Ordinance of Parliament, of the Sixteenth of November 1646, intituled, An
Ordinance of the Lords and Commons, assembled in
Parliament, for the appointing the Sale of the Bishops
Lands for the Use of the Commonwealth, are by the
aforesaid Ordinance of the Twenty-fourth of July 1648,
authorized and injoined to accept of the same as a good
and sufficient Payment; any Ordinance of Parliament to
the contrary in anywise notwithstanding: And whereas
Wm. Gibbes, Alderman, and Francis Ashe, Esquire, Two
of the aforesaid Treasurers, have humbly petitioned the
House of Parliament to be disengaged from acting as
Treasurers, touching the Four hundred thousand Pounds
secured by the said Ordinance of the Thirteenth of May
1647, whereby such Purchasers as have, according to
the aforesaid Ordinance of the Twenty-fourth of July
1648, contracted for several of the said Lands; and, in
pursuance of the same, paid in the First Moiety of their
Purchase Monies; and cannot, by reason of the Resusal
of the aforesaid Treasurers to accept of the same, pay in
their Second Moieties, according to their several Contracts: It is therefore Ordered, by the Commons, assembled in Parliament, That Thomas Noell Esquire, one of
the aforesaid Treasurers, do, and is hereby authorized
and injoined to accept, receive, and pass, all such Bills
or Receipts for such Monies advanced on the Ordinance
of the Thirteenth of May 1647, as shall be vouched
unto him by Colonel Robert Manwaring, the Register
Accomptant for the aforesaid Lands, for the Payment of
the last Moiety of the Purchase Money of such Purchaser or Purchasers that are to pay the same, according
to the Intent of the aforesaid Ordinance of the Twentyfourth of July 1648: And, in case that any Purchaser
shall have a Surplussage of the said Bills or Receipts, more
than his Purchase Money amounts unto, that then the
said Treasurer, taking the said Bills or Receipts in, may,
and is hereby authorized to give new Bills or Receipts
for the Remainder thereof, under his own Hand, to any
Person or Persons to whom the same shall appear to be
due: Which Remainder or Remainders, under the Hand
of the said Treasurer, shall be as valid and effectual, to
all Intents and Purposes, as the aforesaid Bill or Receipt
were: And that the Trustees appointed for Sale of the
aforesaid Lands, do, and are hereby injoined to seal,
unto the aforesaid Purchaser or Purchasers, their several
Assurances accordingly: And that the Contractors appointed by the afore-mentioned Ordinance of the Sixteenth
of November 1646, do upon the Certificate of the said
Thomas Noell, Treasurer, ascertaining the Second Moiety
to be fully satisfied and paid, in manner as aforesaid, deliver up to the respective Purchaser or Purchasers the
several Reconveyances given for the securing of their
Second Moieties. And be it further hereby Ordered,
That whatsoever the said Trustees, Contractors, Treasurer, and Register Accomptant, or any of them, shall
do in pursuance of this present Order, shall be saved
harmless, and indemnified, by Authority of Parliament.
Court for trying the King.
Mr. Garland reports an Ordinance for erecting an HighCourt of Justice, for Tryal of the King.
Which Ordinance was this Day read the First and
Second time; and, upon the Question, committed unto
Mr. Lisle, Mr. Love, Mr. Holland, Mr. Smyth, Mr.
Garland, Mr. Millington, Mr. Fry, Mr. Scott, Colonel
Walton, Lieutenant General Cromwell, Lord Grey, Lord
Mounson, Mr. Edwards, Mr. Browne, Mr. Allen, Mr.
Anlaby, Mr. Blakiston, * Lister, Colonel Ven, Mr.
Challener, Colonel Purefoy, Mr. Clement, Mr. Cawley,
Mr. Downes: And all that will come to have Voices:
And the more particular Care hereof is referred to Mr.
Courts of Justice.
This Committee is to meet in Mr. Speaker's Chamber,
this Afternoon: And this Committee is likewise to consider of a Way for the carrying on publick Justice, according to the Laws of the Kingdom.
King levying War against Parliament.
Resolved, &c. That the Commons, in Parliament
assembled, do declare and adjudge, That, by the fundamental Laws of this Kingdom, it is High Treason in the
King of England, for the Time being, to levy War against
the Parliament or Kingdom of England.