House of Commons Journal Volume 5: 9 February 1647

Die Martis, 9 Februarii, 1646.

Prayers.

Leskerd Writ.

RESOLVED, &c. That a Warrant be issued, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of Two Burgesses to serve in this present Parliament for the Borough of Leskerd in the County of Cornwall, in the places of John Harris and Joseph Jane Esquires, who are disabled by Judgment of the House.

Michell Writ.

Resolved, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of Two Burgesses to serve in this present Parliament for the Borough of Michell, in the County of Cornwall, in the places of Robert Holborne and Wm. Chadwell, who are disabled by Judgment of the House.

St. Mawes Writ.

Resolved, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess for the Borough of St. Mawes in the County of Cornwall, in the Place of George Parry Doctor of Law, disabled by Judgment of this House.

St. Ives Writ.

Resolved, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess for the Borough of St. Ives in the County of Cornwall, in the Place of Edmund Waller, disabled to sit as a Member of this House.

Bossiny Writ.

Resolved, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess to serve in this present Parliament for the Borough of Bossiny in the County of Cornwall, in the Place of Sir Ralph Sydenham, disabled by Judgment of the House to sit as a Member thereof, during this Parliament.

Newport Writ.

Resolved, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of Two Burgesses for the Borough of Newport in the County of Cornwall, in the Place of Richard Edgecombe Esquire, disabled by Judgment of the House to sit as a Member thereof, during this Parliament; and in the Place of Mr. Maynard, who was elected for Newport in Cornwall, and Totnes in Devon; and chose to serve for Totnes.

Judges to go Circuits.

An Order of the Eighth of February 1646, made by the Lords, referring it to the Commissioners of the Great Seal to transpose the Names of such Judges and Serjeants as are to go this next Circuit; that they, nor any of them, may ride in his or their own native County; and present the same unto their House; was this Day tendered by Mr. Speaker to the House; and read here.

Message to Lords.

Resolved, &c. That a Message be sent to the Lords, to desire their speedy Concurrence in the Votes sent to them, concerning the Judges that are to go the next Circuit.

The Messenger is further to put the Lords in mind of the Ordinance concerning Chester: And carried to the Lords for their Concurrence: The Vote for the Approbation of the Commitment of Mungo Murray: The Vote for Continuance of the Imposition of Four Shillings the Chaldron upon Coals: The Addition of Committees Names to the Committee of Sequestrations.

Conveying Letters, &c. to the King.

An additional Instruction for the Commissioners the Earl of Pembroke, &c. concerning the preventing Intelligences, Letters, or Papers, to be delivered unto the King, &c. was read, and assented unto; and was in hæc verba; viz.

"You are to take especial Care to prevent the secret Conveying of any Letters, Papers, or Messages, to or from the King: And, for That Purpose, you, or any Three of you, have hereby Power to examine and search all or any such Persons, Papers, or Pacquets, as you shall think fit; and also to secure and restrain the Persons of such as you shall thereupon see Cause, until the Pleasure of both Houses of Parliament be known: And you are also, from time to time, to give Notice to both Houses of your Proceedings herein."

Great Seal.

Resolved, &c. That the Great Seal of England be continued in the Keeping and Custody of the Earl of Manchester, Speaker of the House of Peers pro tempore; and of William Lenthall Esquire, Speaker of the House of Commons; for and during the Space of Ten Days longer, after the End and Expiration of the Ten Days after this present Term, for which the said Great Seal was formerly committed to their Custody.

The Lords Concurrence to be desired herein.

Great Seal.

Mr. Whitclock carried to the Lords the Instruction for the Commissioners of both Houses; the Vote for Continuance of the Great Seal in the Custody of both Speakers for Ten Days after the Expiration of the Time for which it is now committed to them; and the rest of the Particulars of the Message this Day ordered to be sent to the Lords.

Col. Barton.

Ordered, That Colonel Barton's Petition be read Tomorrow Morning, the first Business.

Meldrum's Petitions, &c.

Ordered, That Mr. Meldrum's Petitions, and the Letters from the Scotts Commissioners, concerning him, be read on Thursday Morning next, the first Business.

Staffordshire.

Ordered, That the Ordinance for Staffordshire be taken into Consideration on Thursday Morning next.

Report to be made.

Ordered, That the Report of the Ordinance concerning the Trustees be made on Thursday Morning next.

Burghill's Claims.

Upon Sir Anthony Irby's Report from the Committee at Goldsmiths Hall;

It is Resolved, &c. That the Sum of Two thousand Eight hundred Twenty-six Pounds be paid by the Committee of Goldsmiths Hall unto Sir Francis Knollis Knight, Zouch Tate, Richard Browne, Esquires, Sir Anthony Irby, and Sir John Temple, Knights, or to such Person or Persons as they, or any Three of them, shall, by Writing, under their Hands and Seals, authorize to receive the same; to be disposed of unto Elizabeth Burghill, Relict of Colonel Robert Burghill, deceased, and unto Henry and Rowland Burghill, her Sons, in such Proportion as the said Persons herein before-named, or any Three of them, shall appoint: The said Two thousand Eight hundred Twenty-six Pounds to be in full Satisfaction of all Service, Pay, and other Demands whatsoever, due, or claimed to be due, to the said Colonel Robert Burghill, deceased, from both Houses of Parliament; and to arise out of the Remainder of the Monies to come in for the Fine and Composition of Sir Henry Spiller Knight. And

It is further Ordered, That all Orders for charging any Annuity, or Payment, to the said Mrs. Burghill, or her said Two Sons, or any of them, out of the Manor of Hadenham in the County of Bucks, Parcel of the Possessions of the said Sir Henry Spiller, or otherwise, be hereby revoked, and made void.

The Lords Concurrence to be desired herein.

Delinquents.

Resolved, &c. That this House doth accept of the Sum of One thousand Three hundred and Seventy Pounds, of Wm. Hanmer, of Fens Hall in the County of Flint, Esquire, for his Delinquency: His Offence is, That he was in Arms against the Parliament: He rendered upon the Taking-in of Shrewsbury: His Estate in Fee and Fee-tail, per Annum, Seven hundred Pounds: Out of which issues forty Marks per Annum, for One Life; which leaves the Fine at a Tenth, as aforesaid.

An Ordinance for granting a Pardon unto Wm. Hanmer, of Fens Hall in the County of Flint, Esquire, for his Delinquency, and for the Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Three hundred Thirty-seven Pounds, of Wm. Gamull, of the City of Chester, Gentleman, for his Delinquency: His Offence is, That he left his own Dwelling, and lived in the Enemies Garisons: He came in upon the Articles of Chester: His Estate, in Fee, per Annum, One hundred Twenty-five Pounds Thirteen Shillings and Eight-pence; in old Rents, Five Pounds; for Six Years, Three Pounds Ten Shillings: Out of which issues, per Annum, Sixty Pounds per Life; which leaves the Fine at a Sixth, as aforesaid.

An Ordinance for granting a Pardon unto Wm. Gamull, of the City of Chester, Gentleman, for his Delinquency, and for the Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That the House doth accept of One hundred Seventy-Seven Pounds Twelve Shillings, of Michaell Hutchinson, of Leeds in the County of York, Chapman, for a Fine of his Delinquency: His Offence, That he was an Assessor of Taxes, levied for Maintenance of the Forces against the Parliament: He submitted in November 1645: His Estate, in Fee, per Annum, Seventythree Pounds; Personal Estate, Three hundred Pounds; for which his Fine, at a Tenth, is as aforesaid.

An Ordinance for granting a Pardon unto Michaell Hutchinson, of Leeds in the County of Yorke, Chapman, for his Delinquency, and for Discharge of the Sequestration of his Estate, was this Day read: and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That the House doth accept of Three hundred and Forty Pounds, of John Hedlam, of Kaxby in the County of York, Gentleman, for a Fine for his Delinquency: His Offence, That he was in Arms against the Parliament: He submitted in October last: His Estate in Fee, per Annum, a Hundred and Twelve Pounds; in Reversion, per Annum, Fifty-eight Pounds: Out of which he pays an Annuity to Marmaduke Constable, for his Life, per Annum, Fifty Pounds; and after the said Marmaduke's Death, Thirty Pounds per Annum unto Two of his Sons, and the longer Liver: Which being allowed, the Fine, at a Tenth, is as aforesaid.

An Ordinance for granting a Pardon unto John Hedlam, of Kaxby in the County of York, Gentleman, for his Delinquency, and for the Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Fine of Two hundred and Seventy Pounds, of Thomas Ely the elder, of Scamkesby in the County of Lincoln, Gentleman, for his Delinquency: His Offence, That he voluntarily left the Parliament's Quarters, and lived in the Enemies Quarters: His Estate, in Fee, per Annum, Sixty-two Pounds; for Life, per Annum, A Hundred Fifty-one Pounds; for which his Fine is as aforesaid.

Resolved, &c. That this House doth accept of the Fine of Three hundred Thirty-two Pounds Sixteen Shillings, of Thomas Ely, Son of the said Thomas Ely, for his Delinquency: His Offence, That he was in Arms against the Parliament: His Estate, per Annum, Eighty Pounds Eight Shillings; for Three Lives, per Annum, Eight Pounds; In Reversion, per Annum, a Hundred and Sixty Pounds; for which his Fine is as aforesaid.

An Ordinance for granting a Pardon unto Thomas Ely the elder, of Scamkesby in the County of Lincoln, Gentleman, and Thomas Ely his Son, for their Delinquency, and for the Discharge of the Sequestration of their Estates, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That the House doth accept of the Fine of One hundred Thirty four Pounds Nine Shillings Sixpence, of John Northover, of Aller in the County of Somersett, Gentleman, for his Delinquency: His Offence is, That he voluntarily contributed to the Maintenance of the Forces raised against the Parliament: His Estate for Eighty Years to come, per Annum, Forty Pounds; for Three Lives, per Annum, Four Pounds Nine Shillings Three-pence; for Life per Annum, Three Pounds Fourteen Shillings: For which his Fine, at a Sixth, is as aforesaid.

An Ordinance for granting a Pardon unto John Northover, of Aller in the County of Somersett, Gentleman, for his Delinquency, and for the Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

According to an Order of the honourable House of Commons, of the Seven-and-twentieth Day of October last past, whereby the Case of Thomas May, of Rawmere in the County of Sussex, Esquire, being formerly reported to the House from this Committee, was re-committed to their further Consideration; as to the Matter of Fact, and of the Time of his coming in, and taking the Covenant, and of the Declaration of both Kingdoms; we have accordingly taken Examination of the several Particulars; and find, That the said Thomas May, being sometimes a Member of the House of Commons, had Command of a Troop of Trained Horse, for the Parliament's Service: That afterwards he was drawn into Chichester by Sir Edward Ford Knight, and his Warrants of Posse Comitat' (being then High Sheriff of the County of Sussex), with the rest of the County, under Pretence to appease a Tumult then raised in the Town: And, being there, was kept in by the said High Sheriff, and others of his Party, against his Will; who had no Intention to resist the Parliament, or their Affairs; And so was in the City, which was in December 1642; but did never bear Arms, or make any Resistance, against the Parliament's Forces coming before that City; nor was ever at Oxford; neither was he ever in any of the King's Garisons since the War (otherwise than in Chichester, as a foresaid); as appears by Certificates, under the Hands of several of the Members of the House. And it doth further appear, by a Certificate from the Clerk of the Committee of Chichester, who keeps the Register of their Records, as also by his own Affidavit, that he presented himself to this Committee of Sequestrations at Chichester, and took the National Covenant before the First of March 1643, according to the Declaration of both Kingdoms; wherein is expressed, that such Persons, who shall submit themselves before the said First Day of March 1643, shall be favourably treated with; and their Estates, in some moderate proportion, be liable to the Payment of the public Debts, &c. as the Wisdom of the Parliament shall adjudge requisite and necessary; which Render of his was long before the Propositions at Uxbridge: That he did likewise express his good Affection to the Parliament, by the voluntary Lending of Fifty Pounds, towards the Bringing in of the Scotts, as by a Certificate of their Treasurers, and under the Hands of Colonel Stapley and Thomas Middleton Esquires, Members of the House. It is further testified, That, upon their Examination of the said Thomas May, at the Committee of which they are, it did not appear unto them, by any Testimony or Information, That the said Thomas May was personally in any Action against the Parliament; nor can they learn that he was; although they have made many several Inquiries of his Demeanor, whilst he was in Chichester with the King's Forces. And we further think fit humbly to certify, That Two hundred and Seventy Pounds per Annum, Parcel of the Estate formerly compounded for, as in Fee, is settled on himself for Life, the Remainder to his First Son, and the Heirs Male of such First Son, and so to all his Sons in Tail, the Remainder to his right Heirs; upon all which we formerly set the Fine at Nine hundred Pounds.

An Ordinance for granting a Pardon unto Thomas May, of Rawmere in the County of Sussex, Esquire, for his Delinquency, and for the Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Grant Gamull.

The Houses being informed of the very great and real Affections of the Wife of Wm. Gamull, of Chester, Gentleman, and of the good Services the continually performed to the Forces of the Parliament, do Order, and it is hereby Ordered, by the Lords and Commons, That the Sum of One hundred Pounds be bestowed upon the said Mrs. Gamull, out of the Fine and Composition of the said William Gamull, her Husband.

The Lords Concurrence to be desired herein.

Grant to Points.

Resolved, &c. That Colonel General Points shall have Two hundred Pounds Lands per Annum settled upon him and his Heirs, out of the Fine of Sir Thomas Ingram: And that an Ordinance be brought in to this Purpose.

Sir Philip Stapilton is appointed to bring in this Ordinance.

Truro Articles.

Ordered, That Mr. Prideaux and Mr. Whittacre do report the Business concerning the Articles of Truro, and the other Articles, on Monday Morning next.

Answer from Lords.

Mr. Whitelock brings Answer, That the Lords will send Answer to the several Messages, carried by him to their Lordships, by Messengers of their own.

Cundy's Delinquency.

Resolved, &c. That this House doth accept of the Sum of Eight-and-twenty Pounds of John Cundy, of Boston in the County of Lincoln, Gentleman, for a Fine for his Delinquency: His Offence is, Being in Arms against the Parliament: And his Estate, in Fee, Fourteen Pounds per Annum.

Upon Sir Anthony Irbie's Report, That the said John Cundy, being a Youth of the Age of Sixteen Years, at School near Newark, was, by ill Counsel, drawn into the Enemies Army; but that he submitted himself to Colonel Hatcher in January 1644; and took the Oath and Covenant; and hath ever since lived in the Parliament's Quarters; and hath been in Arms, one whole Year sithence his coming in, for the Parliament;

It is Resolved, &c. That the Sum of Eight-and-twenty Pounds, accepted of John Cundy, of Boston in the County of Lincoln, Gentleman, for a Fine for his Delinquency, be freely remitted and released to him: And that this Order be a sufficient Discharge to him for the said Fine. And it is further Ordered, That the Delinquency of the said John Cundy be and is hereby pardoned and discharged: And that the Sequestration of his Estate, being Fourteen Pounds per Annum, and no more, of Lands of Inheritance, be fully and freely discharged, and taken off.

The Lords Concurrence to be desired herein.

Jaques' Fine.

Ordered, That the Report of the Fine and Composition of Roger Jaques, of York, Knight, be re-committed: And that, in setting the Fine of the said Roger Jaques, Care be had of providing better Maintenance for the Ministers of Thirsk and Raschall, by an equal Division of the Impropriation of Raschall between the Towns of Thirsk and Raschall.

Business deferred.

Ordered, That Mr. Weaver do, To-morrow, Report the Ordinance concerning the Preventing of scandalous Ministers to come into any Livings that they have been put out of, next after the Business concerning Obstructions in the Government of the Church: And that likewise then the Ordinance be reported for preventing Delinquent Lawyers and Attornies to practise.

Commissioners to the King.

Mr. Morley reports a Letter, to be sent from Mr. Speaker to the Commissioners employed to the King: Which was this Day read; and assented unto.

Gen. Leven.

Mr. Holles reports a Letter, to be sent to the General Leven: The which was read; and, upon the Question, assented unto.

Sir Henry Mildmay tendered to the House the Jewel, appointed to be prepared to be sent to the Earl of Leven.

Ordered, That this House doth allow and appoint the Sum of Seven hundred Pounds to be paid to Mr. Allen for the same.

Ordered, That Sir Henry Mildmay do take Care, that this Jewel be sent to the Commissioners employed to Scotland, to be by them delivered to the Earl of Leven.

Ordered, That the Sum of Seven hundred Pounds be paid unto Mr. Francis Allen, by the Committee at Goldsmiths Hall, in full Satisfaction and Payment for the Jewel, provided by the said Mr. Allen, upon the Order of this House, to be presented to the Earl of Leven, General of the Scotts Forces, according the Value thereof, allowed of by this House, out of the Fines and Compositions of such Delinquents as the said Mr. Francis Allen shall nominate to the said Committee, whose Fines are not yet particularly assigned: And that the Acquittance of the said Mr. Francis Allen shall be a sufficient Warrant and Discharge to the said Committee, and the Treasurers there for the Payment of the said Seven hundred Pounds accordingly.

Massie's Brigade.

Ordered, That the Committee of the West do, this Afternoon, go to the Committee at Goldsmiths Hall, and nominate unto them some one Delinquent or Delinquents, out of whose Fines and Compositions Five hundred Pounds may be paid to Colonel Edward Massey, for the Service of some Soldiers late of Colonel Massie's Brigade: And that if the Treasurers at Goldsmiths Hall shall advance the said Five hundred Pounds, they shall be allowed Interest, after the Rate of Eight Pounds per Cent. for a Year, for so long time as they shall be out of the said Five hundred Pounds: And the Care of this Business is more particularly referred to Mr. Anthony Nicholl.

Nottingham County.

Ordered, That the Six thousand Pounds, appointed by Order of Sexto Augusti 1646, for the Service of the County of Nottingham, issuable and payable by the Committee at Goldsmiths Hall, be paid and issued, in manner prescribed by the said Order, out of such Fines and Compositions of the Delinquents of the County of Nottingham, as the Members of this House, that are of the Committee of Nottingham, shall nominate unto the said Committee at Goldsmiths Hall.

Reduced Officers.

Ordered, That Interest, after the Rate of Eight Pounds per Cent. for a Year, payable every Six Months, be allowed unto such Person or Persons as shall advance the Sum of Twelve thousand Five hundred Pounds One Shilling and Seven-pence, charged upon Goldsmiths Hall, for divers reduced Officers, contained in Four Lists presented formerly to this House, or any Part thereof, payable, as the said Sum of Twelve thousand Five hundred Pounds One Shilling and Seven-pence, out of Goldsmiths Hall.

Passes.

Ordered, That Mr. Speaker, and the Committee for Prisoners where Mr. Knightley has the Chair, shall have Liberty to grant Passes to such Gentlemen as have served the Parliament in their Wars, as shall desire to go beyond the Seas.

Cheshire Forces.

Ordered, That the Remainder of the Twelve thousand Pounds, formerly charged upon Goldsmiths Hall for the Service and Disbanding of the Cheshire Forces, and not yet received, be paid, by the said Committee at Goldsmiths Hall, out of the first Monies that shall arise upon the Fines and Compositions of Delinquents of the County of Chester, whose Fines are not yet assigned.

Officers.

Ordered, That the Committee for Redress of Officers that have served the Parliament, that are molested for what they have done for the Service of the Parliament, where Colonel Harvey has the Chair, be revived, with the Powers formerly given to that Committee: And that they do meet this Afternoon, and so de die in diem, till the Ordinance brought in from that Committee be passed.

Ordered, That the Ordinance, formerly brought in, for Redress of such Officers and Soldiers as are or shall be molested and troubled for any Thing they have done for the Service of the Parliament, be read on Thursday Morning next, the first Business.

Disbanded Soldiers.

A Declaration to prevent the Resort and tumultuous Addresses of disbanded Soldiers to the Parliament, reported from the Committee appointed to that Purpose, was this Day read; and re-committed unto the same Committee, with the addition of Sir Phil. Stapilton, Sir Henry Heyman, Sir Wm. Lewes, Sir Wm. Waller, Mr. Pierpoint, Mr. Holles, Mr. Grimston: And they are to meet upon it this Afternoon; and to report it To-morrow Morning.

Scandalous Pamphlets.

Ordered, That the Committee concerning scandalous Pamphlets shall have Power, any Five of them, to meet when and where they please.

Reduced Officers.

Ordered, That the Petition and List of the Northern reduced Officers be taken into Consideration on Saturday next, when Mr. Speaker takes the Chair.

Letters read.

A Letter from Major General Skippon, from Newcastle, of 3 Februarii 1646: A Letter from the Commissioners employed in the Slighting of Carlisle, from Carlisle, of 4 Februarii: A Letter from Mr. Robert Goodwyn and Mr. Wm. Ashhurst, Commissioners, from Newcastle, of 4 Februarii; were all this Day read.

Forces and Garisons.

Ordered, That on Monday next, the next Business after the Articles of Truro, the House to take into Consideration, How the Forces and Garisons of the Kingdom may be disposed and provided for: And that the several and respective Members of this House do consider, in the mean time, What Forces are in the respective Counties and Garisons; and inform the House thereof on Monday next.

This Order is appointed to be set up at the Door.

Message from Lords.

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

The Lords have commanded us to return unto you this Order for the Judges Circuits: It came from you; and the Lords have agreed unto it, with One Amendment; wherein they desire the Concurrence of this House.

The Lords likewise desire, That the Committee for Appointing of new Judges may meet To-morrow in the Afternoon at Three of Clock, if it may stand with the Conveniency of this House. They desire likewise to put you in mind of an Ordinance, concerning the Commissioners for the Place of Chancellor of the Duchy of Lancaster: And have commanded us to deliver this Letter from Major General Skippon; and they desire you will take Order for the Supplying him with Money.

Circuit.

The Alteration in the Judges Circuit was read: And was, That Serjeant Turner might go this Northern Circuit in the Place of Serjeant Brampston: To the which the House doth assent.

Answer to Lords.

Answer returned by the same Messengers; That this House doth agree to the Alteration in the Judges Circuit: As to the rest, they will send Answer by Messengers of their own.