House of Commons Journal Volume 5: 3 February 1647

Die Mercurii, 3 Februarii, 1646.

Prayers.

Cooper's, &c. Petition.

THE humble Petition of Ralph Cooper and George Churcher was this Day read; complaining that, being of the Committee for the West Division of the County of Sussex, and acting there as Committee Men, are declared against, and sued in the King's Bench, by Edward Apsley Esquire, a Member of this House, for something they did as Committee Men; and desiring that the Suit may be stayed.

An Order of this House, of 18 Julii 1643, by which the Committee of Sussex did act, was likewise read.

Ordered, That this whole Business concerning Mr. Edward Apsley, and the Committee of Sussex, and all the Circumstances thereupon depending, be referred to the Examination of the Committee of Complaints: And

It is Ordered, That Mr. Apsley be hereby enjoined to withdraw and suspend all Proceedings at Law against the Petitioners, until this House take further Order: And the Committee has Power to compose all Differences between the Parties, if they can do it; otherwise report to the House.

Maryb one, &c. Petition.

The humble Petition of many of the Inhabitants of the Parishes of Marybone, Giles in the Fields, Martin in the Fields, and Covin Garden, concerning the Stopping of the Common Sewer, by Mr. Edward Apsley, was this Day read; and nothing done upon it.

Delinquents Compositions.

Resolved, &c. That the Report from the Committee Yesterday appointed be now made upon the Declaration published by the Lords, concerning Compositions made with Delinquents, by the Committee at Goldsmiths Hall.

Mr.Stephens reports the Matters of Fact, concerning the Proceedings with Delinquents, by the Committee at Goldsmiths Hall, how the Case stands on the Ordinance of Sequestrations and Propositions.

31 Martii 1643. "An Ordinance by Lords and Commons, That the Estates of Delinquents, within that Ordinance, shall be seized and sequestered by several Persons, therein named, to be employed to the Use, and for the Maintaining of the Army and Forces raised by the Parliament, and such other Uses as shall be directed by both Houses of Parliament, for the Benefit of the Commonwealth."

27 Maii 1644. "An Ordinance for the better Execution of the Ordinance of Sequestration; that all Suspensions of Sequestrations of any Delinquents, or Papists Estates, made by the Committees in any County or Corporation, without express Order of both Houses of Parliament, shall be forthwith taken off and cleared; and no Suspension or Excuse of Persons Sequestered, allowed, but what is warranted by Ordinance of both Houses."

30 Januarii 1643. "A Declaration is made by both Kingdoms, That all common Soldiers, who shall render themselves before the 1st of March 1643, and take the Covenant, shall be pardoned, otherwise not: That others, who are not the prime Authors of this War, and shall render themselves before the First of March 1643, shall, as to their Lives and Liberties, be secured; but such Part of their Estates, as by the Wisdom of the Parliament, or of such as shall be authorized by them, shall be judged necessary, shall go to Payment of publick Debts, bearing the common Burthens, and repairing particular Losses: And if they come not in by that Time, then their Estates, as also the Estates of Papists, and the prime Authors, to be employed to the Purposes aforesaid."

24 Novembris 1644. "Propositions agreed on by Consent of the Parliaments of both Kingdoms, and then presented to the King, at Oxford: In which the Fourteenth Proposition, that an Act be passed for Ratifying the aforesaid Declaration, with several Qualifications, some excepted from Pardon, and all their Estates forfeited; others to * * * Persons, Members, Lawyers, and Officers, a ThirdPart of their Estates to be employed for the said Purposes; others a Tenth Part of their Estates; and these not worth Two hundred Pounds in Lands or Goods, to be discharged."

11 Julii 1646. "Propositions agreed by both Kingdoms, and presented to the King at Newcastle: The 16th is, That the said Declaration be ratified, with several Qualifications; some excepted from Pardon, and all their Estates forfeited; some a Third Part of their Estates to go to the Uses aforesaid, as particular Persons, named Judges, Bishops, &c. Two Parts of Three of the Estates of Members at Oxford; a Moiety of the Estates of other Members; a Sixth Part of all Persons who have assisted the Enemy: And that the First of May is the Time limited for Persons to come in thereupon."

28 Septembris 1643. "A Committee is appointed, by the House of Commons, to meet the Lord Mayor and Common Council, to appoint a Committee to meet with the Committee of that House, for the raising of Money for the Scotts; and to agree on such Security as shall satisfy such as shall engage for such Monies."

16 Octobris 1643. "There is an Ordinance of the Lords and Commons, for the Repayment of such Monies as shall be lent for the Bringing in of the Scotch Army, giving the publick Faith for the same; and Ordaining, That the Rents, Issues, and Profits, of the Estates of Delinquents, and Papists, sequestered, shall be employed for Payment of the same; and for that Purpose shall be wholly done that Time, under the Order, Regulation, and Survey of the said Committee, and Parliament, and City; and of such Persons as shall be appointed to order Sequestrations in those Parts: And that Richard Waring, and Michaell Herring, shall be Treasurers for Receiving such Monies: And that the Committee of Parliament, and City of London, shall have Power to advance the Service of Raising the said Sums of Money, by voluntary Loans or Contributions, in such Manner, and by such Means, as they shall find most conducible."

Delinquents Compositions.

27 Octobris 1643. "There is an Ordinance for raising Sixty-six thousand Six hundred Sixty-six Pounds Thirteen Shillings and Four-pence, by way of Loan, for the Scotts, by several Proportions, on several Counties; and Power given thereby to the said Committee of Parliament and City, to proportion and assess the same; and to send Tickets to the Parties, &c.: And the Security expressed in the former Ordinance is to be extended for Repayment thereof; and the Money to be paid to the said Treasurers named in the former Ordinance."

2 Decembris 1644. "Another Ordinance is made for raising the like Sum of Sixty-six thousand Six hundred Sixty-six Pounds Thirteen Shillings and Four-pence, by way of Loan, ut supra: And ordered, That Seventy thousand Pounds, out of the Rents, Issues, and Profits, of the Estates of Papists and Delinquents, sequestered, shall be for the Repayment of the Same, with Interest, ut supra. This is to be paid into the Treasury at Goldsmiths Hall."

20 Februarii 1644. "Another Ordinance for the Levying of Twenty-one thousand Pounds monthly, for the Scotts Army, severally apportioned on several Counties, to be paid to the Treasurers of the Committee at Goldsmiths Hall: and that when the Engagements on the Sequestrations shall be satisfied, then the said monthly Sums shall be paid out of the Sequestrations of Delinquents Estates."

13 Junii 1645. "Another Ordinance, That the Committee of Goldsmiths Hall have the Power of managing all the Assessments for the Scotts Army; and to continue till all the Arrears be paid to them, and by them to the Scotts.

7 Februarii 1645. "A Committee is appointed by the House of Commons, to consider of such Ways how such as come in on the Declaration of both Kingdoms, may have Advantage thereof.

2 Maii 1644. "Ordered, by the House of Commons, That the Committee appointed to consider of them that come in on the Declaration of both Kingdoms, do meet, To-morrow, with the Committee at Goldsmiths Hall, to consider of raising Monies by such as come in on the Declaration of both Kingdoms."

10 Julii 1644. "Ordered, That it be referred to the Committee at Goldsmiths Hall, to consider of raising a Month's Pay for the Scotch Army, out of Delinquents Estates, either by Sale of them, or otherwise."

13 Septembris 1644. "Ordered, by the House of Commons, That the Committee at Goldsmiths Hall shall have Power to compound with Delinquents, for their Estates, for the Raising of Fifteen thousand Pounds for the Lord Fairefax his Army."

29 Julii 1644. "Ordered, by the House of Commons, That the Committee at Goldsmiths Hall do consider of all Prisoners, whose Estates are sequestered; and consider of raising Monies, by compounding with them for the Scotts Army, and the Lord Fairefaxe' Army; and present their Opinions to the House."

18 Octobris 1645. "Ordered, That all Compositions for Discharge of the Delinquencies of any Persons, and for the taking off their Sequestrations, be made with the Committee at Goldsmiths Hall: And that no other Committee compound with any Delinquent, without special Direction of the House."

12 Augusti 1645. "Ordered, That the Committee at Goldsmiths Hall compound with none, at less than Two Years Value, according to the true Value of his Estate before these Wars begun."

4 Octobris 1645. "Resolved, &c. That the Rules by which the Committee shall proceed, with such as compound for their Delinquencies, shall be according to the respective Proportions, set down in the Propositions of both Kingdoms formerly sent to his Majesty, for a safe well-grounded Peace."

Delinquents Compositions.

23 Februarii 1645. " Ordered, That the Committee of Goldsmiths Hall have Power to suspend the Sequestration of Delinquents as shall compound with them, they having paid one Moiety of their Fines, and secured the other Moiety; and such further Composition as shall be allowed, and set by the House of Commons; provided the said Delinquents sue forth their Pardon within Six Weeks after their Composition be allowed by both Houses. This sent to the Lords for their Concurrence: Who did concur with an Addition of some Lords to be added to that Committee: Which being laid aside, the House of Commons, by themselves, confirmed the former Order."

The Committee of Goldsmiths Hall, hereupon, in a preparatory way, to prepare the Fines for to pass both Houses by Ordinance; treat with the Parties, upon Petitions by them offered, acknowledging their Delinquency, and desiring to be admitted to Composition; and cast up their Fines according to the Propositions and Rules given them; and, upon Payment of one Moiety of the Fine, and Security given to pay the other Moiety; and to stand to such further Fines as shall be agreed by both Houses; report the Fines, by them set, to the House of Commons, and the Particulars of their Estates, and their Delinquencies; together with a particular Ordinance to be passed by both Houses, reciting the Fine accepted, according to a Particular of their Estates, entered with the Committee of Goldsmiths Hall; and ordaining, That a Pardon be passed, in such manner as is agreed by both Houses. The Form of this Ordinance was sent up to the Lords, and agreed by them; which relates to the Composition made, and the Particulars entered with the Committee at Goldsmiths Hall.

The Form of this Pardon was sent up to the Lords, and agreed by them; which likewise relates to the Particulars entered with the Committee at Goldsmiths Hall.

Divers of these Ordinances for particular Delinquents have been passed the House of Commons, and sent up by them to the Lords; who have likewise passed the same: And divers Pardons, in the Form agreed on by both Houses, have passed the Great Seal accordingly.

The Committee of Goldsmiths Hall (the House of Commons not being able, by reason of Multitude of Businesses, to hear their Reports; and thereby the Sequestrations continuing a long time after the Money paid by the Delinquents) have, upon the Order of the House of Commons, after one Moiety of the Fine paid, and the rest and such further Fine secured, as should be agreed by both Houses, sent Letters to the Committees in the Countries, to suspend the Sequestrations.

1. The Lords have, by Ordinance, made the Committee of Goldsmiths Hall a Committee, by Ordinance, for Advance of the Two hundred thousand Pounds to the Scotts; and made them Two Treasurers by Ordinance: And that the Monies lent to that End shall be paid to them, and secured out of the Rents, Issues, and Profits of Delinquents Estates: And that those things, for that Purpose, shall be under the Order, Regulation, and Survey, of that Committee; and they to advance that Service, by such Means as they shall deem conducible. This is by Ordinance, of 16 Oct. 1643: And this Power confirmed and enlarged by Four several Orders after for that Purpose.

23 Februarii 1645, passed the 7 Aprilis 1646. 2. The Lords have agreed to the Ordinance to be passed both Houses, for Delinquents compounding at Goldsmiths Hall, with Relation to the Particulars entered with that Committee.

7 Aprilis 1646. 3. The Lords have agreed to a Form of a Pardon, to be sued out by such Delinquents; which relates also to the Particulars entered with the Committee as Goldsmiths Hall.

4. The Lords have passed divers of the said particular Orders for * * * Delinquents, and Pardons passed the Great Seal thereupon: Lords, Earl of Thanet, Earl of Carlisle, Lord Paget, Lord Devonshire, Sir Thomas Bendish, Sir Thomas Payton, and many others.

5. The Lords have joined in an Ordinance of the 6th of August 1646, giving Power, and requiring the Committee at Goldsmiths Hall to administer the Oath of Abjuration to all such as come in to compound, whom they suspect to be Papists.

1 Novembris 1645. 6. The Lords have joined in an Ordinance, authorizing the Committee at Goldsmiths Hall, to administer the Covenant negative Oath to Delinquents that come in to compound with them; and, upon Refusal, to commit them.

7. The Lords, by Two several Ordinances, banished Delinquents out of Town, except such as shall be licenced by the Committee at Goldsmiths Hall, appointed for Compositions; and that during the Time of their attending their Compositions there.

8. The Lords have concurred with the Commons in referring Persons to compound at Goldsmiths Hall; as the Lord Paget, primo Novembris 1644. John James, alias Scroope, 3 Februarii 1645. The Lord of Deconshire.

9. The Lords have concurred with the Commons, in disposing the Monies to be raised on Compositions of Delinquents at Goldsmiths Hall; and ordered that Committee to pay the Monies accordingly; as an Ordinance for One thousand . . . . for Relief of Officers and Soldiers, 28 Octobris 1645; Fourteen thousand Pounds to Northamptonshire, 19 Decembris 1645; One thousand Pounds to Mr. Crewe, Sir John Dredon, Money lent, 23 Maii 1646; One thousand Five hundred Pounds to Sir William Lister, 7 Maii 1646; and Fifty thousand Pounds lately, Part of the Second Two hundred thousand Pounds to the Scotts, 12 Januarii 1646.

10. The Lords have petitioned for and accepted great Sums of Money, out of those Compositions made at Goldsmiths Hall, to their particular Purses, for Reparations and other things.

The Lords have been, divers of them, oftentimes present at that Committee, sitting at Goldsmiths Hall, to sollicit for their several Friends.

Sir Robert Pye is appointed to go to the Lords, to desire a Conference, by Committees of both Houses, so soon as may stand with their Lordships Conveniency, concerning an Order made by the Lords touching the Proceeding at Goldsmiths Hall, printed and published by the Lords Order.

Answer from Lords.

Mr. Tate brings Answer, That the Lords will send Answer by Messengers of their own, to all the Orders and Matters, carried to them, by him, Yesterday.

Conference with Lords.

Ordered, That the Committee Yesterday appointed to prepare the Matter of Fact, touching the Proceedings at Goldsmiths Hall; with the Addition of Mr. Holles, Sir Philip Stapilton, Sir Henry Heyman, and Mr. Scott; do forthwith draw and prepare Reasons and Heads of a Conference with the Lords, upon the Matter of Fact reported from the Committee by Mr. John Stephens.

Obnoxious Publications.

Sir John Northcott, Sir Christofer Yelverton, Mr. Knightley, Sir Henry Heyman, Sir Wm. Strickland, Mr. Hoyle, Sir John Francklyn, Mr. Ven, Mr. Chalener, Sir John De Anvers, Mr. Oxenden, Mr. Westrow, Mr. Corbett, Sir Thomas Middleton, Mr. Blackeston, Sir John Corbett, Sir Wm. Massam, Mr. Baynton, Sir Tho. Wroth, Mr. Drake, Sir John Hippisley Mr. *, Mr. Doyley, Mr. Scott, Mr. Morley, Sir Wm. Armyn, Sir John Fenwick, Mr. Weaver, Mr. Aldworth, Mr. Bond, Mr. Rigby, Sir Henry Mildmay;

This Committee is appointed to meet this Afternoon at Two of Clock, in the Court of Wards; and so de die in diem: And are to examine and inquire out, Who were the Authors, Publishers, and Printers, of the Pamphlet, intituled, London's Accompts," the Pamphlet, intituled, "the oppressed Man's Oppressions declared;" the Pamphlet, intituled, "Bellum Hibernicale;" the Pamphlet, intituled, "No Merline nor Mercurie: And have Power to send for Parties, Witnesses, and Papers; and to commit such as they shall find faulty, till Report can be made to the House: And they are to report on Monday Morning next, the first Business: And the Care of this Business is more particularly referred to Mr. Corbett and Sir Christofer Yelverton: They have further Power to consider of an Ordinance for the Suppressing of these, and all such-like scandalous Pamphlets; and to prevent the Publishing and Vending of the like for the future: And have Power to suppress the Publishing in the Streets, by Ballad-singers, Pamphlets and Ballads scandalous to the Parliament; and to give Order, that the Venders and Singers of such may be punished according to Law.

Ordered, That the Lord Mayor of the City of London, the Justices of Peace of Westminster and Liberties, Middlesex and Surrey, near unto the City, be hereby required and enjoined forthwith, and from time to time, to suppress the Publishing and Vending by Ballad-singers, and such loose Persons, all Libels, and all libellous Pamphlets and Ballads: And that they do severely punish all such Persons that shall vend and publish all such Libels or Ballads, in manner as aforesaid, according to the Laws in that Behalf provided: And the House doth expect, that this Order be put in due Execution, and a good Account given thereof.

Commissioners to Scotland.

Ordered, That the Instructions for the Commissioners that are to go to the Parliament of Scotland, be reported To-morrow Morning.

Lincolnshire.

Ordered, That Mr. Pury do make Report, To-morrow Morning, of the Business of Lincolnshire.

Judges for Welsh Circuits.

Ordered, That the Gentlemen of this House, of the Counties of North Wales, and South Wales, be added to the Committee appointed to consider of Judges to go the Circuits of North Wales and South Wales.

Massie's Brigade.

Ordered, That the Petition of divers Soldiers, late of Colonel Massie's Brigade, and now read, be taken into further Consideration To-morrow Morning, the next Business after the Report and Ordinance concerning Mr. Pennoyer and Mr. Hill.

Conference with Lords.

Sir Robert Pye brings Answer, That the Lords do agree to a Conference, as is desired; to be presently in the Painted Chamber.

Mr. John Stephens reports from the Committee, Heads for the Conference: The which were read by the Reporter; and, upon the Question, assented unto; viz.

1. "The House of Commons takes Notice of the Declaration, wherein the House of Commons find the Proceedings of the Committee at Goldsmiths Hall are questioned, under the Name of certain Persons: Whereupon I am ordered to present the Matter of Fact, concerning the Power and Proceedings of the Committee.

2. "The great Necessity and Advantage to the Publick, by that Committee acting for Compositions at Goldsmiths Hall; by which Means great Sums of Money have been raised for Payment of the Scotts and English Army, the just Satisfaction of publick Debts, and, in particular, to divers of your Lordships, and others."

3. The Inconveniencies may come by publishing the Declaration; In that, first, It takes away the Reputation of the Parliament, because they make not good their Engagements; and, by that Means, will be a Stop to the Raising of Money in this our greatest Exigent, both for England and Ireland; and likewise calls their Justice in Question, who have received great Sums of Money from several Persons, in order to take off their Sequestrations, which they have employed for publick Uses by Order of your Lordships, as well as of the House of Commons: Secondly, It gives a great Encouragement to our Enemies, that there should seem to be a Difference betwixt the Two Houses; especially at this Time, when we hear of a happy Conclusion betwixt our Brethren and us, and of the King's coming up.

It may, just at this Time of Unsettlement, when the King is coming up, cause great Disturbances, and Dangers of Broils, in several Counties, in a Matter wherein so many are interested in their Estates, occasioned by the differing Commands of the Two Houses.

4. Your Lordships having engaged with the Commons in raising great Sums of Money, and appointed there to be raised, out of Compositions of Delinquents Estates; which could not be done without suspending their Sequestration on Payment of Part of their Fines, and the rest secured, in regard the Houses could not possibly, by reason of Multitude of Businesses, hear the Reports; and thereby the Sequestration continuing a long time after the Moiety of the Money paid; the House of Commons did desire your Lordships Concurrence in that Order to suspend the Sequestrations; and did long since commit the Ordinance your Lordships last sent down; and appointed several Days for the Report thereof; and that Morning, wherein this Declaration came forth, were resolved to go through therewith.

Mr. John Stephens, Mr. Holles, Sir Wm. Lewes, Mr. Nath. Fienis, are appointed Managers of this Conference.

Pix Money.

Resolved, &c. That this House doth agree with the Lords in the Ordinance sent from their Lordships, concerning the Pix Money, leaving out these Words, "Thirteenth of February next;" and, instead thereof, insert these Words, "Fifteenth of this Instant February: And the Ordinance, so amended, is in hæc verba;

It is this Day Ordered, by the Lords and Commons, assembled in Parliament, That the Commissioners of the Great Seal, for the time being, do join with the Committee of Lords and Commons for his Majesty's Revenue, or any Five or more of them, to take the Examination and Trial of the Monies in the Pix, in his Majesty's Mint, in the Tower of the City of London, on the Fifteenth of this Instant February, at Nine of the Clock in the Morning, at the usual Place, near the Star Chamber, Westminster.

Delinquents Compositions.

The Amendments to the Ordinance, sent from the Lords, concerning compounding with Delinquents at Goldsmiths Hall, were twice read: And the Amendment concerning the Suspension of Sequestrations, amended at the Table, passed, upon the Question.

And then the Ordinance and Amendments were recommitted: And are to meet upon it this Afternoon, in the Queen's Court: And are to bring in the Rules, formerly given to the Committee at Goldsmiths Hall, by which they compound with Delinquents at Goldsmiths Hall: And the more particular Care of this Business is referred to Mr. Rigby, Mr. John Stephens, and Mr. Wheler.

And the Question being put, for the bringing in the Report of this Business To-morrow Morning;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

Letter read.

A Letter from the Commissioners employed to Newcastle, and a Declaration inclosed, was read.

Present to Gen. Leven.

Ordered, That Mr. Holles and Mr. Bainton do prepare a Letter, to accompany the Jewel to be sent to General Leven.