House of Commons Journal Volume 5: 6 February 1647

Die Sabbati, 6 Februarii, 1646.

Prayers.

Goldsmiths Hall Committee.

MR. John Stephens reports, That the Lords will take the Ordinance, concerning the Committee at Goldsmiths Hall, returned with some Amendments, into speedy Consideration; and send Answer by Messengers of their own.

Excise Commissioners.

The House being informed, the Commissioners of Excise were at the Door;

They were called in: And Mr. Alderman Foote acquainted the House, that they had a Petition to prefer, representing the Obstructions in the Receipt of the Excise.

The Petition was read: And

It is Ordered, upon the Question, That this Petition, and the whole Business of Excise, be taken into Consideration on Monday next, the first Business: And that Mr. Speaker put the House in mind thereof: And that no other Business do intervene.

Ordered, That the Commissioners of Excise shall have the publick Thanks of this House, for their great Care and seasonable Representation of the Obstructions in the Excise, and their Zeal and diligent Endeavours in promoting that Business.

The Commissioners were again called in: And Mr. Speaker did acquaint them, that the House had ordered to take their Business into Consideration on Monday next; and had commanded him to give them Thanks for their Care in improving this great Receipt, that so much concerns the Service of the Kingdom.

Judges to go Circuits.

Mr. Speaker offers unto the House the Course of the Circuits, which the Commissioners of the . . . . Seal have thought sit for the Judges to hold this next Circuit.

Resolved, &c. That Justice Rolle, for this time, shall go the Western Circuit.

Resolved, &c. That this House doth agree, that Baron Trevor and Justice Phesant shall go the Norfolk Circuit.

Resolved, &c. That this House doth agree, that Justice Reeve and Serjeant Creshold shall go the Kent Circuit.

Resolved, &c. That this House doth agree, that Justice Bacon shall go the Lincolnshire Circuit:

The Question was propounded, Whether Serjeant Wilde shall go the Lincolnshire Circuit:

And the Question being put, Whether this Question shall be now put;

The House was divided.

The Noes went forth.

So that the Question passed with the Negative.

The Question was propounded, Whether Serjeant Godbolt shall go the Lincolnshire Circuit:

And the Question being put, Whether this Question shall be now put;

The House was divided.

The Noes went forth.

So that the Question passed with the Affirmative.

The Question being put, Whether Serjeant Godbolt shall go with Justice Bacon the Lincolnshire Circuit;

The House was divided.

The Yeas went forth.

So the Question passed with the Negative.

Resolved, &c. That Serjeant Clerk shall go the Lincolnshire Circuit with Justice Bacon.

Resolved, &c. That this House doth agree, that Baron Atkyn and Serjeant Wilde shall go Oxfordshire Circuit.

Resolved, &c. That this House doth agree, that Serjeant Godbolt shall go with Justice Rolle the Western Circuit.

Resolved, &c. That this House doth agree, that Serjeant Brampton and Serjeant Green shall go the Yorkshire Circuit.

Ordered, That the Lords Concurrence be desired in the Judges Circuits.

Ordered, That the Report concerning the Judges, that are to go the Circuits of Cheshire, North Wales and South Wales, be made on Tuesday Morning next peremptorily.

Nominating Sheriffs.

Resolved, &c. That this House doth nominate and approve of Thomas Daniell Esquire to be Sheriff of the County of Bedford.

Resolved, &c. That this House doth approve of Roger Vaughan de Tresphelip Esquire to be Sheriff of the County of Brecon.

Resolved, &c. That this House doth approve of Thomas Weaver Esquire to be Sheriff of the County of Radnor.

Resolved, &c. That this House doth approve of Alexander Wilde Esquire to be Sheriff of the County of Herts.

Resolved, &c. That this House doth approve of Wm. Orseur Esquire to be Sheriff of the County of Cumberland.

Resolved, &c. That this House doth approve of John Bradshawe Esquire to continue Sheriff of the County Palatine of Lancaster for this present Year.

Resolved, &c. That this House doth approve of John Lloyd Esquire to be Sheriff of the County of Pembroke: And that the Commissioners of the Great Seal do pass respective Patents, or Commissions, to the foresaid Persons, to be Sheriffs of the foresaid respective Counties, in usual Form, under the Great Seal, accordingly.

Ordered, That the Lords Concurrence be desired in these several Sheriffs.

Commissioners to Scotland.

The Draught of a Letter, to be sent from the Parliament of England to the Parliament of Scotland, being a Letter of Credit to the Commissioners employed from the Parliament of England to the Parliament of Scotland, was this Day read; and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Mr. Pierepoint immediately carried it to the Lords.

Martial Law in Ireland.

He was further to desire the Lords to pass the Order for granting the Power of Martial Law to the Lord Lieutenant of Ireland, and such as he shall appoint, in the Conducting of Soldiers from England into Ireland.

Answer from Lords.

Mr. Pierepoint brings Answer that the Lords do agree to the Letter to the Parliament of Scotland, concerning Belfast: To the Instructions for the Commissioners that are to go to the Parliament of Scotland: To the Letter of Credence to the Parliament of Scotland, concerning the Commissioners that are to go thither: As to the Order for Martial Law, to the Lord Lieutenant of Ireland, they will send Answer by Messengers of their own.

Fees.

Ordered, That the Committee formerly appointed to consider of the Fees for Sheriffs passing their Accompts, and the Fees to Judges, and to moderate them for the most Ease of the Subject, &c. be revived: And that they, or any Five of them, do sit when and where they please: And that all that will come shall have Voices.

Sheriff of Duresme.

An Ordinance for making Sir Richard Belassys Sheriff of the County Palatine of Duresme was this Day read, being the same with the former Ordinance, mutatis mutandis: and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence, together with the rest of the Sheriffs.

Stafford Sequestration.

Resolved, &c. That this House doth nominate and approve of Henry Stone, Edward Broughton, Leicester Barbour, George Bowes, Thomas Crompton, Edward Mainwaring, Philip Jackson, Thomas Pudsey, Esquires to be added to the Committee of Sequestrations for the County of Stafford.

The Lords Concurrence to be desired herein.

Irish Affairs; Intercepted Letter.

Mr. Bond reports from the Committee of the Admiralty. an Order for reporting to the House an Extract of a Letter from Captain Richard Willoughby to that Committee, hearing Date from aboard the Globe in Powle Begge, of 4 Januarii. And likewise a Letter intercepted upon a Frigate from Dublyn, with this Direction: "Pour les exprés Affaires du Roy Trés-chrestien. A Monseigneur Monseigneur Le Tillier Conscilleur de sa Majesté en son Conseil d'Estate, et Secrataire de ses Commendemens et Finances, a Paris."

Resolved, &c. That this Letter be now opened, and read.

The Letter was accordingly opened, and subscribed Du Moulin, from Dublyn, of Decimo Januarii; and was all in French; and read.

Resolved, &c. That this Letter be communicated to the Lords, on Monday morning next.

Ordered, That a Copy of this Letter be sent to the Committee for the Affairs of Ireland, at Derby House; and they desired, according to former Orders unto them, to make all the Haste they can, of the Report concerning the Establishing of a considerable Army for the vigorous prosecuting an offensive War in Ireland.

Ordered, That a Copy of this Letter be sent to the Committee of the Admiralty: And that it be especially recommended to that Committee to take special and effectual Care that the Seas upon the Coasts of Ireland may be well-guarded.

Message from Lords.

A Message from the Lords, by Dr. Heath and Mr. Hakewill;

The Lords have sent down the Ordinance for settling Commissioners for compounding with Delinquents at Goldsmiths Hall; with some Amendments: In which they desire the Concurrence of this House: And that it may be forthwith printed and published. They have received a Paper from the Committee for the Revenue concerning the King's Houshold.

The Lords have appointed a Committee of Eleven Lords, whereof Three to be of the Quorum; and desire this House to appoint a proportionable Number: And that they may meet this Afternoon at Three of Clock, They desire that the Committee nominated to appoint the Judges may meet on Thursday next, at Three in the Afternoon, in the Prince's Lodgings. They have sent a Pardon for divers Persons which stand reprieved, and were condemned in the Western Circuit. They have sent an Ordinance for the Lord Lieutenant of Ireland to grant Commissions for Martial Law: It rose first from hence: They do agree unto it. They have received a Paper from the Committee of Foreign Affairs, and a Petition concerning James Robinson; which they recommend unto this House. They have sent the Petition and Certificates of John and Susan Adams; and an Ordinance for Susan Adams her Pardon, upon their Petition, They have sent the Petition of divers Prisoners of the Tower of London, whose Condition is very lamentable: They do recommend it to this House, that they may have a Subsistence. They have sent the Petition of the Lord Morley and Mounteagle; with the Sense that their Lordships think it sit, that the Lord Morley may have Ten Pounds per Week allowed him out of his own Estate; and desire the Concurrence of this House therein. They have received a Paper from the Committee of the Admiralty, that Captain Crowder may command the Ship Bonadventure; to which they agree; and desire the Concurrence of this House. They have received a Petition from Major General Massie's Soldiers, which they recommend to the Consideration of this House.

The Lord desire to put this House in mind of Captain Thompson's Petition formerly sent: The Town of Bridgwater's Petition formerly sent: The Lady Boroughe's Petition formerly sent: The Vote likewise passed for Mr. Philpot, formerly sent.

Delinquents.

The Lords Alterations, in the Amendments to the Ordinance concerning the Compounding with Delinquents at Goldsmiths Hall, were read; and, upon the Question, passed: And the Ordinance, so amended, ordered to be printed, and published forthwith.

Message to Lords.

Ordered, That Mr. Reynolds do, on Monday Morning next, communicate to the Lords the French Letter intercepted by Captain Richard Willoughby, and sent to the Committee of the Admiralty: And that, on the same time, he do press the Lords, according as was pressed at a late Conference, to recall their late Declaration concerning the Proceedings at Goldsmiths Hall.

Whitehall Altar Plate.

The Report from the Committee of the Revenue, sent from the Lords, was read.

Resolved, &c. That the Vestry and Altar Plate, which was usually set upon the Altar in his Majesty's Chapel at Whitehall, be forthwith melted, as is proposed by the Committee of the Revenue.

King's Expences.

Ordered, That it be referred to the Committee of the Revenue, to provide Three thousand Pounds, in Money and Provisions, to be sent to the Committees, to be disposed by the Committees, for the necessary Expences of the King, and the Committee at Holaenby.

The Question being put, whether these Words, "that the Commissioners herein should have regard to the Necessities of the Kingdom," shall be added to the Question;

It passed with the Negative.

Ordered, That it be referred to a Committee to prepare a Letter, and to bring it into the House, to advise the Commissioners, in their Expences, to have regard to the Necessities of the Kingdom; and do require them to take care that none may come about the King, but such as have adhered to the Parliament; and to signify unto them, that the House does not intend to settle the King and Houshold at Holdenby.

Mr. Morley, Sir Henry Mildmay, Mr. Holland, Mr. Salwey, Mr. Weaver, Sir Henry Heyman, Lord Grey, Mr. Bois, Mr. Bond.

This Committee, or any Three of them, are appointed to prepare this Letter accordingly: And the Care of this Business is more particularly referred to Mr. Morley.

Information against Furnes.

The House being informed of very malicious Words spoken by one Furnes, that lives in one of the Yards at Holdenby House;

It is Ordered, upon the Question, that the said Furnes, and the Consideration of this Information, be referred to the Committee at Northampton: And that if the said Furnes shall be found guilty of the Things informed against him, that they do commit him, and send him up in safe Custody to this House.

Adams's Pardon.

The Western Circuit Pardon, and the Judges of Assizes Certificate, sent from the Lords, was this Day agreed unto.

An Ordinance for Susan Adams her Pardon. upon her and her Husband's Petition to the Lords and Commons; and upon the Certificate of the Justices of Peace that were present at the Tryal; and upon the Certificate of the Jury, under their Hands, That their Verdict of her being guilty of Manslaughter was so delivered in upon their Mistake, that, notwithstanding, she might have her Clergy, as Men in like Cases may have; was this Day read; and, upon the Question, passed.

Thompson's Claims.

The humble Petition of Captain Samuel Thompson was this Day read.

Resolved, &c. That Captain Samuel Thompson shall have forthwith paid unto him the Sum of One hundred Pounds, upon Account, in part of a Debt of Three hundred and Threescore Pounds, lent and advanced by the said Captain Samuel Thompson unto Sir Thomas Middleton, for the Service of the Parliament, upon the Credit of an Ordinance of Parliament, printed the Twentith of February 1643, enabling Sir Thomas Middleton to take Subscriptions for raising Forces to reduce the said Counties of North Wales; as by Certificate under the Hand of the said Sir Thomas Middleton, and his Commissary David Morris, doth appear: And that the said Hundred Pounds be paid, upon Account, as aforesaid, by the Committee at Goldsmiths Hall, out of the Fines and Compositions of such Delinquents of the said Six Counties of North Wales, as he shall nominate unto the said Committee, whose Compositions are not yet particularly assigned: And that the Acquittance of the said Samuell Thompson shall be a sufficient Discharge to the said Committee at Goldsmiths Hall, and the Treasurers there, for the Payment of the said Hundred Pounds accordingly.

Answer from Lords.

Answer returned by the same Messengers; That, to the Amendments in the Ordinance concerning Goldsmiths Hall, the House doth agree; and have ordered it to be printed: They have agreed to the Western Circuit Pardon; and to the Ordinance for the Pardon of Susan Adams: To the rest they will send Answer by Messengers of their own.

Army Pay.

Ordered, That, on Saturday next, the first Business, the House do sit in a Grand Committee, to proceed in the further Consideration of the Ordinance, Instructions, and Propositions, concerning the Pay of the Soldiery of the Kingdom.

Delinquents Compositions.

BE it Ordained, by the Lords and Commons, in Parliament assembled, That Phillip Earl of Pembroke and Montgomery, Robert Earl of Warwicke, Theophilus Earl of Lincolne, Basil Earl of Denbigh, Edward Earl of Manchester, James Earl of Middlesex, Edmund Earl of Mulgrace, Henry Earl of Stanford, Philip Lord Wharton, Francis Lord Willoughby, Dudley, Lord North, Wm. Lord Grey of Warke, John Lord Roberts, William Lord Maynard, Edward Lord Howard of Escrigge, Members of the Lords House of Parliament; Sir Henry Vane junior, Oliver St. Johns Esquire His Majesty's Solicitor General, Denzill Holles Esquire, Sir Anthony Irby Baronet, Mr. Gourden, Sir Arthur Haslerigge, Mr. Henry Darley, Mr. John Ashe, Mr. John Stephens, Mr. Boys, Mr. Robert Reynolds, Mr. Cornelius Holland, Mr. Robert Jenner, Sir Gilbert Gerard Baronet, Sir Nathaniell Barnardiston, Sir John Yonge, Sir Thomas Soame, Mr. Thomas Hatcher, Mr. John Trenchard, Mr. Dennis Bond, Mr. John Browne, Mr. Alderman Pennington, Mr. Edward Ashe, Mr. Alderman Hoyle, Mr. John Blackston, Mr. Roger Hill, Mr. Francis Allen, Mr. Robert Goodwin, Sir John Clotworthy, Mr. Richard Salway, Members of the House of Commons; Sir David Watkins Knight, Mr. Richard Bateman, Mr. Christopher Pack, Mr. John Oldfield, Mr. Samuell Moyer, Mr. William Tompson, Mr. Richard Shuite, Captain Richard Venner, Mr. George Tompson, Mr. Lawrence Bringley; or any seven of them, whereof Three to be Members of Parliament; are hereby Commissioners, to sit at Goldsmiths Hall, for compounding with Delinquents; and to act according to the several and respective Ordinances or Orders already made by both or either of the Houses of Parliament, concerning the Committee at Goldsmiths Hall. And be it further Ordained, by the Authority aforesaid, That Richard Waring, and Michaell Herring, are appointed Treasurers, to receive all such Sums of Money as shall be paid in, by or for any Delinquent: And shall not issue out any Monies, to be charged upon such Compositions, without the Order or Ordinance of both Houses of Parliament, And it is lastly Ordered and Ordained, That the said Commissioners have Power to suspend the Sequestrations of such Delinquents as shall compound with the said Commissioners: And that such Suspensions as have been already made by the Committee at Goldsmiths Hall, shall stand good; the Delinquents having paid the Moiety of the Fine compounded for, and given Security to the said Commissioners for Payment of the Remainder of such Fine, according to such Proportion as shall be set by both Houses of Parliament. Provided, that every such Person so compounding do pay the Remainder of his said Fine, and sue forth his Pardon under the Great Seal, within Six Weeks after his Composition shall be allowed by both Houses of Parliament; or otherwise the Suspension to be void.