House of Commons Journal Volume 4: 28 January 1645

Die Martis, Januarii 28, 1644.

Prayers.

ORdered, That a Collection shall be made To-morrow, being the Day of Publick Humiliation, to be employed, in the usual Manner, for the Relief of maimed Soldiers; with the like Provisoes as formerly, for the Moiety of the said Collections for the Poor of the Parishes of St. Margaret's Westminster, and St. Martin's in the Fields.

And it is further Ordered, That the Moiety of the Collections to be made To-morrow in the Parish of St. Giles in the Fields, shall be employed for the Relief of the Poor of the said Parish.

Resolved, &c. That Sir Charles Shirley, and Mr. Devoreux, be forthwith sent for in safe Custody; to answer the Sending of a Challenge to my Lord . . . Cramborne, a Member of this House: And that the Examination of this Business be referred to the Committee for Examinations.

Ordered, That the Lord Cramborne be injoined forthwith to attend the Service of the House.

Ordered, That the House sit this Afternoon at Two of Clock, to take into Consideration the Papers from the Scotts Commissioners, formerly reported from the Committee of both Kingdoms, concerning their Armies.

Resolved, &c. That this House doth accept of the Fine of Two hundred Pounds set upon Mr. Thomas Corye, for his Delinquency to the Parliament; and do Order, That, upon the Payment thereof, or Satisfaction given to the Committee at Goldsmiths-Hall for the true Payment thereof; and doth Order, That the Sequestration of his Estate be forthwith taken off: And that an Ordinance be brought in to that Purpose.

An Ordinance for taking off the Sequestration of the Estate of Sir F. Carew, he having paid One thousand Pounds for a Fine, for his Delinquency to the Parliament, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Fine of Five hundred Pounds set upon Sir John Morley, for his Delinquency to the Parliament: And that, upon the Payment thereof, or Satisfaction given to the Committee at Goldsmiths-Hall for the true Payment thereof, doth Order, That the Sequestration of his Estate be forthwith taken off: And that an Ordinance be brought in to that Purpose.

Resolved, &c. That this House doth accept of the Fine of Two thousand Pounds set upon Sir Ben. Ayloffe, for his Delinquency to the Parliament: And that, upon the Payment thereof, the Sequestration of his Estate be taken off: And that an Ordinance be brought in to that Purpose: And that he shall have his Liberty, upon Bail not to go out of the Lines of Communication, without the Leave of this House.

Resolved, &c. That this House doth accept of the Fine of One hundred Pounds set upon Mr. Tonstall, for his Delinquency to the Parliament; and doth Order, That upon the Payment thereof, that the Sequestration of his Estate be taken off.

Resolved, &c. That this House doth accept of the Fine of Five hundred Pounds set upon Mr. Jo. Covert, for his Delinquency to the Parliament: And doth Order, That, upon the Payment thereof, the Sequestration of his Estate be taken off: And that an Ordinance be brought in to that Purpose.

Ordered, That Mr. Rose, late High-Sheriff of Cambridgeshire, be admitted to his Fine and Composition for his Delinquency; and referred to the Committee at Goldsmiths-Hall, to compound with.

Resolved, &c. That the Lands of Sir Jo. Hewett be sold for the Payment of Three thousand Pounds Fine, set upon him, for his Delinquency to the Parliament.

Ordered, That Tho. Hanmer Esquire, Prisoner at Wem, be admitted to his Fine and Composition for his Delinquency; and referred to the Committee at GoldsmithsHall: And that he be sent up upon Bail; and the Cause of his Delinquency certified to the said Committee by the Committee of Shropshire.

Resolved, &c. That Sir Jo. Hewett be forthwith committed Prisoner to the Tower.

Sir Jo. Evelyn carried up to the Lords the Instructions, with the Alteration made by this House.

Mr. Lisle carried up to the Lords the Ordinance for raising and maintaining the Forces under the Command of Sir Tho. Fairefaxe, raised for the Defence of the Kingdom: And was to press unto the Lords the Importance and extreme Necessity of passing speedily the said Ordinance; and how much the Passing thereof doth conduce to the Safety of the Kingdom, and the Producing of a good and safe Peace.

Sir Walt. Erle carried up to the Lords the Ordinance of One-Fourth per Cent. for Redemption of the Captives of Argiers: The Ordinance for taking off the Sequestration of Sir F. Carew his Estate: The Ordinance for Monies to Mr. Chandler, and others, Merchants: The Order for Monies for Ship-Owners: And is to desire the Lords to sit this Afternoon, if it may stand with the Conveniency of their House.

An Ordinance for appointing and enabling the Commissioners of both Houses to treat with the King's Commissioners, upon the Propositions sent unto his Majesty for a safe and well-grounded Peace; and upon the Propositions sent from his Majesty; according to such Instructions as are or shall be given unto them; was this Day read the First and Second time; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That Two thousand Pounds shall be forthwith raised, and charged upon the Excise, for the Garison of Gloucester: And that Mr. Stevens, Mr. Hodges, and Mr. Pury, do repair unto the Commissioners of Excise; and acquaint them with this Order; and press them with the Necessity of furnishing this Two thousand Pounds.

Ordered, That, on Thursday Morning next, peremptorily, the Grand Committee of the House do meet, and sit; to take into Consideration the Matters of the Navy, in pursuance of former Orders.

Sir Jo. Evelyn brings Answer, That the Lords will send Answer by Messengers of their own.

A Message from the Lords, by Sir Edw. Leech and Mr. Page;

The Lords have commanded us to deliver unto you this Paper: It is the Copy of a Letter from Prince Rupert to my Lord General, brought by Sir Peter Killigrew. They have received an Ordinance, and Instructions from the Committee of both Houses, concerning the Treaty: The which they have read; and do assent unto them; and desire the Concurrence of this House.

They have likewise received some Votes from the Committee of Lords and Commons, appointed to consider of the Papers presented from the French Resident: To which they do agree; and desire the Concurrence of this House.

My Lord of Manchester has likewise received a Letter from Colonel Crawford: The which they thought fit to communicate to this House.

These several Papers were all read.

Ordered, That, on Monday next, peremptorily, the House do take into Consideration the Instructions to the Commissioners of both Houses, upon the Treaty upon his Majesty's Propositions for a safe and well-grounded Peace: And that Mr. Speaker put the House in mind hereof.

Answer returned by the same Messengers; That this House has considered their Lordships Message: And, as to the Papers concerning the Treaty, they will send Answer by Messengers of their own: And do agree to the Votes concerning the Papers presented from the French Resident.

Ordered, That the Committee, to whom the Papers, presented from the French Resident, are referred, do make Report of all the Letters concerning the Duke D' Espernon, and his Bail.

Mr. Tate carried up to the Lords, for their Concurrence, the Vote passed this House Januarii 23 1644; viz. That the ordinary Way of dividing Christians into distinct Congregations, and most expedient for Edification, is, by their respective Bounds of their Dwellings.

Mr. Wallopp carried up to the Lords the Ordinance for appointing and enabling the Commissioners of both Houses to join with the Scotts Commissioners, to treat upon the Propositions sent to his Majesty for a safe and well-grounded Peace.

An Ordinance for continuing the Excise for a longer Time was this Day read the Second time; and, upon the Question, committed unto a Committee of the whole House: Who are to meet upon it on Thursday next, at Two post meridiem.

Mr. Tate brings Answer, That the Lords do agree to the Vote carried up by him concerning the Dividing of Christians into distinct Congregations.

Ordered, That the Lieutenant of the Tower do forthwith pay the Sum of Two hundred Pounds to Mr. Holles and Sir Jo. Clotworthie, to be paid by them to the Party that discovered Macquire and Macmahun, according to the former Engagement of this House: And the House herein expects a speedy Compliance, without Delay.

UPon Report from the Committee of Lords and Commons, appointed to consider of the Papers presented from the French Resident; It is Ordered, by the Lords and Commons, in Parliament assembled, That this Business be heard on Saturday next in the Afternoon, in the Prince's Lodgings: And that, in the mean time, a Stay be made of all Proceedings upon the Statute of Bankrupts against Pierre de la Salle: And that he shall enjoy the Benefit of such Letters as have come directed to him from Parts beyond the Seas.

Ordered, That the Committee formerly appointed about the Tryal of the Lord Macguire and Macmahon, do acquaint the Judges, That this House doth expect a speedy Tryal of the said Macguire, according to Law and Justice: And that the said Committee do, from time to time, acquaint this House of all the Proceedings, and of all Delays and Interruptions, if any be: And that the said Committee, or some of them, be present at the Debate and Argument, that is appointed to be in the Court of King's-Bench this next Friday.

Mr. Lisle brings Answer, That the Lords will take the Ordinance concerning the new Model into Consideration; and send Answer by Messengers of their own.

Sir Walter Earle brings Answer, The Lords will sit at Two of Clock; and will take all the other Messages into Consideration; and send Answer by Messengers of their own.

Ordered, That Two hundred Half-Pikes, Twenty Barrels of Powder, and Two Ton of Match, and Bullet proportionable, be forthwith furnished by the Lieutenant of the Ordnance, and other Officers, out of the publick Stores, for the Service of the Garison of Wareham.

Ordered, That the Letters from the Standing Committee at Weymouth, of January 1644, be referred to the Consideration of the Committee of the Navy.

Post Meridiem.

ORdered, That Mr. Whitehead, Mr. Lisle, Sir Henry Mildmay, Mr. Button, Sir John Evelyn, Mr. Bond, Mr. Prideaux, Sir Samuel Rolle, do repair to the Committee of both Kingdoms; and acquaint them with the Information this House has received out of Hantshire, That the Parliament-Forces there, now under Colonel Middleton, are retreated; and to desire, That the Business may be taken into Consideration, and Orders given for their Advance: And that Sir Gilb. Gerard do give an Account to this House of the Proceedings of the Committee herein.

A Message from the Lords, by Sir Edw. Leech and Mr. Page;

That the Lords do adhere to their Vote concerning the Instructions to the Commissioners of both Houses upon the Treaty, as it came from the Committee of both Kingdoms, and as they sent it hither; and to the Time, as it is expressed in those Instructions.

Resolved, &c. That this Message, now sent from the Lords, is not according to the ordinary Course of the Proceedings in Parliament.

Sir Dudley North is appointed to go to the Lords, to desire a Conference, at such Time as may stand with their Lordships Conveniency, concerning the late Message sent upon the Instructions touching the Treaty.

Ordered, That the Letter from Colonel Stapeley, from Chichester, of January 27th, concerning a Ship cast away upon the Shore of Sussex, laden with Currans, together with the Consideration of the Matter of the said Letter, be referred to the Court of Admiralty; to do therein as to Law appertains: And that what shall arise from the Salvage of the said Ship and Goods shall be employed to defray the Charges the Committee has been at in saving the said Ship or Goods.

Ordered, That the humble Petition of Thomas Squire Gentleman, this Day read, be referred to the Committee of Examinations; to examine the Truth of the Matters alledged in the said Petition; and to certify the State of the whole Matter to the House, with convenient Speed.

Sir Dudley North brings Answer, That the Lords do agree to a present Conference, by Committees of both Houses, in the Painted Chamber, upon the Instructions concerning the Treaty.

Ordered, That it be referred to the Committee of the King's Revenue, to consider of the Pains and Charges Sir Peter Killigrew has been at, in divers Journies he hath performed upon Messages he hath been employed in from both Houses; and to give Order for his Satisfaction therein, in such manner as they shall think fit.

Mr. Cage, Mr. Whitelock, Mr. Strode, Mr. Rous, Sir Jo. Evelyn, are appointed Managers of this Conference.

An Ordinance for the monthly Levying of Twenty-one thousand Pounds, by a monthly Assessment upon the Counties therein mentioned, towards the Pay of the Scotts Army under Command of General Leven, was this Day read the First time; and ordered to be read the Second time, the first Business, on Thursday Morning.

A Message from the Lords, by Sir Edw. Leech and Mr. Page;

The Lords desire a free Conference, upon the Matter of the last Conference, by Committees of both Houses, presently, in the Painted Chamber, if it may stand with the Conveniency of this House.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will give a present Meeting at a Conference, as is desired.

The Managers of the last Conference, with the Addition of Sir Hen. Vane junior, and Mr. Sam. Browne, are appointed Managers, and Reporters of this Conference.

Ordered, That the humble Petition of Rob. White, and Ellen his Wife, Kinswoman and Legatee of Rob. Gray, deceased, be referred to the Committee formerly appointed for the Clottworthies Petitions.

Sir John Evelyn reports, from the Conference, the Reasons the Lords gave for their adhering to their former Resolution touching the Instructions concerning the Treaty: The which were read:

"The Lords do desire, That it may appear to the World, that their principal Care is to fee the Matters of Religion, if it be possible, to be agreed on in the first place."

"The Lords conceive, That, by a joint Consent of both Houses, and the Commissioners of Scotland, they have already agreed, That the Matters of Religion shall be, in the first place, treated and agreed upon; and that this Way cannot be altered, without the like joint Consent of the Commissioners of Scotland."

Resolved, &c. That this House doth adhere to their Vote concerning the Instructions to the Commissioners upon the Treaty.

Sir Robert Harley is appointed to go to the Lords, to desire a free Conference, by Committees of both Houses, so soon as may stand with their Lordships Conveniency, upon the Matter of the late free Conference touching the Instructions concerning the Treaty.

Sir Rob. Harley brings Answer, That the Lords do agree to a free Conference, as is desired; and do appoint it to be presently, in the Painted Chamber.

Ordered, That Sir Charles Shirley and Mr. Devoreux, sent for in safe Custody, for sending a Challenge to a Member of this House, be forthwith discharged from further Restraint, upon their Engagements to Mr. Speaker to attend the further Orders and Directions of this House.

Ordered, That the humble Petition and Remonstrance of the Commissioners of the Customs, this Day presented to the House, be referred to the Consideration of the Grand Committee, appointed to consider of the Ordinance for Tonage and Poundage, to be considered of with the said Ordinance.

Sir Jo. Evelyn reports, That the Lords do agree to the Amendment to the Instructions concerning the Treaty, made by this House; and have appointed Two of their House, of the Committee of both Kingdoms, to acquaint the Scotts Commissioners with this Alteration.

Mr. Pierrepont, Mr. Wallop, Mr. Recorder, Mr. Crew, are appointed to go to the Scotts Commissioners, to acquaint them with the Alterations made by this House to the Instructions concerning the Treaty.

The Committee of this House are likewise to acquaint the Scotts Commissioners, What Proceedings the Ordinance for the monthly Assessment of Twenty-one thousand Pounds for the Scotts Army.

The humble Petition of the Governor and Company of Merchants of London trading to the East Indies, concerning a Ship of theirs brought into Bristoll, by the Treachery of the Master, one Jo. Mucknell, was this Day read; and nothing done upon it.

Mr. Reynolds is appointed to go to the Lords, to acquaint them with the Order of this House, injoining their Commissioners to repair to Uxbridge To-morrow; and to desire, That the Lords would make the like Order as to the Commissioners of their House.

A Message from the Lords, by Sir Edw. Leech and Mr. Page;

The Lords have sent down an Order for continuing some Goods in Dorsett-House, now in the Possession of the Earl of Rutland, till both Houses take further Order; and desire the Concurrence of this House therein.

The Lords have thought sit to add Three Lords to the Committee for Mr. Gryffith; and desire this House would add a proportionable Number.

Ordered, That it be referred to the Sequestrators in London, to certify this House, to whom the Goods in DorsettHouse do properly belong; and what they are; and what the Value of them is: And that they do not remove any of the said Goods in the mean time.

Mr. Samuel Browne, Mr. Ellys, Sir H. Mildmay, Mr. Bond, Sir Rob. Harley, Mr. Selden, are added to the Committee for Mr. Gryffyth's Business.

Ordered, That, on Tuesday next, Mr. Maynard do make Report of Mr. Gryffyth's Business.

Mr. Reynolds brings Answer, That the Lords have appointed their Commissioners to be at Uxbridge To-morrow Night.

Answer returned by the same Messengers; That this House has considered their Lordships Message: And, as to the Order concerning the Goods in Dorsett-House, now in the Possession of the Earl of Rutland, they will send Answer by Messengers of their own: And have nominated an additional Committee to Mr. Gryffyth's Committee, as is desired.

Ordered, That the Petition of Captain Martyn de la Zon, this Day read, be referred to the Court of Admiralty, to make Certificate to the House.

Upon the Petition of Christopher Ruddy, late DeputyKeeper of the Poultry-Compter, fined and imprisoned by the Commissioners for Martial Affairs, for suffering Colonel Smythe to escape out of his Custody;

It is Ordered, That the Fifty Pounds Fine, set by the said Commissioners upon the said Ruddy, be paid in to the Committee at Haberdashers-Hall: And that, upon the said Ruddie's giving Security to the said Committee to pay the said Fifty Pounds, that he be forthwith discharged from any further Restraint or Imprisonment.

Ordered, That the Committee at Haberdashers-Hall do forthwith pay unto Mr. John Mylles Two hundred and Forty Pounds, to be by him disposed of, and paid, according to former Appointment of the Commissioners for Martial Affairs, to such Persons as have been employed by them in the publick Service of that Court, and according to such Proportions and Allowances, as the said Commissioners have, by their Orders, limited and appointed.

Mr. Baynton reports, from the Commissioners of Martial Affairs, That he was commanded by that Court, to recommend unto the Consideration of this House, the Services done to this House, and the Publick, with great Fidelity and Industry, by Mr. John Mylles, Judge-Advocate to the said Court; and that this House would please to think of some Encouragement to be bestowed upon him in Testimony thereof.

Ordered, That Mr. Jo. Mylles, Judge Advocate to the Court Martial, be taken into Consideration when Occasion shall be offered.

Ordered, That Mr. Jo. Mylles be recommended to the Consideration of the Committee where Mr. Tate has the Chair, to be Judge-Advocate of the Army to be raised and maintained according to the new Model.

Ordered, That the Certificate concerning Roger Le Strange, this Day presented from the Court Martial, be read, and considered of, this Day Fortnight.

Upon the Request this Day made to this House by Mr. Speaker;

It is Ordered, That Mrs. Frances Lenthall, Niece to Mr. Speaker, be from this House, in especial Manner, recommended unto the Committee for the Family of the King's Children now at Whitehall, to be admitted into the Service of the Princess, in the Place of Mrs. Falconberge, deceased: And that the Committee be desired to sit with all convenient Speed.

Ordered, That the Cambridgeshire Money, assigned for Pistols for Colonel Cromwell's Regiment, be forthwith paid to Mr. Watson Gunsmith, without his paying Fourpence in the Pound for the same: And the Person or Persons in whose Hands the said Money is, are hereby required forthwith to pay the same accordingly.

Resolved, &c. That the Accounts of Commissary Copely, stated and not determined, be referred to the Committee of Accounts, to determine the same.

Ordered, That the humble Petition of Francis West be referred to the Consideration of the Committee for Examinations; to examine the Truth of the Matters alledged in the Petition; and to certify the State of the Business to the House.

Ordered, That the Information, this Day given to the House, touching some Plate taken by Colonel Harvey from one Mr. John Hayes, be referred to the Committee of Examinations, to state the Business, and report it to the House.

Upon Mr. Pierrepont's Report from the Committee of both Kingdoms;

It is Resolved, &c. That this House doth adhere to the Vote touching the Instructions to the Commissioners upon the Treaty, as it passed this House.

Mr. Heveningham is appointed to acquaint the Lords with this Vote; and to desire, that the Commissioners of Scotland may be acquainted herewith.

Mr. Heveningham reports, That the Lords will send Answer by Messengers of their own.

A Message from the Lords, by Sir Edw. Leech and Mr. Page;

That the Lords do agree unto the sending some of their Committees of both Kingdoms, to join with those of the House of Commons, to endeavour to satisfy the Commissioners of Scotland in that Vote which both Houses have assented unto.

Ordered, That the Four Members of this House, of the Committee of both Kingdoms, formerly appointed to go to the Commissioners of Scotland, shall now go with the Lords, to satisfy them in this Vote.

Mr. Pierepoint reports, from the Committee of both Kingdoms, the Answer of the Commissioners of Scotland; videlicet,

"This being a Business of great Consequence, the Commissioners of the Parliament of Scotland desire a little Time to consider of it."

Ordered, That the House do meet To-morrow at Eight of Clock.

Mr. Nicoll is appointed to go to the Lords, to acquaint them with the Resolution of this House to meet Tomorrow at Eight of Clock; and to desire them to do the like, if it may stand with their Conveniency.