House of Commons Journal Volume 4: 6 December 1645

Die Sabbati, 6 Decembris, 1645.

Prayers.

AN Ordinance for discharging the Delinquency and Sequestration of William Earl of Devonshire, and for granting him a Pardon of his Offences against the Parliament, and his Estate compounded for under the Great Seal of England, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Sir John Evelyn junior is to carry it to the Lords.

An Ordinance for directing the Levying, Collecting and Paying, of Monies for the Maintenance of able, learned, and painful Ministers, in divers of the most Northern Counties and Places, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

An Ordinance for constituting a Council of War, and giving Power to several Persons, named in the said Ordinance, to execute Martial Law within the County of Chester, was this Day read the First and Second time; and, upon the Question, committed to the Northern Committee, where Sir Thomas Widdrington hath the Chair: And all that will come to have Voices, as to this Particular.

Resolved, &c. That Sir William Brereton, calling unto him Field-Officers and others, according to the Course of War, shall have the same Power of Martial Law over the Forces under his Command, as Sir Thomas Fairfax hath, during the time of his Employment as Commander in Chief over the said Forces, by Order of both Houses of Parliament.

The Lords Concurrence to be desired herein.

Ordered, That it be referred to the Northern Committee where Sir Thomas Widdrington hath the Chair, to consider of an Expedient for Executing of Martial Law in London and Middlesex, and other Parts, in order to the Safety of the Kingdom, and the well Ordering and Regulating of the Forces in those Parts; and to present the same to the House.

Ordered, That Colonel Thompson do bring in an Ordinance for the Continuance of the Ordinance formerly passed, enabling the Committee of the Militia to search for illaffected Persons, and Arms, within the Cities of London and Westminster, and Lines of Communication.

Ordered, That the Order, which directs and injoins the Committee at Goldsmiths-Hall to compound with such as come in, upon Particulars of their Estates, to be certified from the Committees where their Estates are, be and is hereby revoked and made void.

Mr. Maynard, Mr. Sollicitor, Mr. Samuel Browne, Mr. Jennor, Mr. John Stephens, Sir Anthony Irby, Mr. Recorder;

This Committee are immediately to withdraw, and consider of the Particulars propounded by Mr. Samuel Browne, according to the Debate thereupon in the House.

And they did withdraw accordingly.

The House being informed, That divers Gentlemen of the County of Northampton were at the Door;

They were called in; and did prefer a Petition.

The which (the Petitioners being withdrawn) was read: And

It is Ordered, That that Part of the Petition that concerns the taking into Consideration the Safety of that County, be referred to the Committee of both Kingdoms.

The Question was propounded, Whether the Committee of Northamptonshire shall have Four thousand Pounds, out of that Moiety of the Compositions for Delinquents Estates, that is not charged for Sir Thomas Fairefaxe's Army, in Course, next after the Assignments and Engagements, already charged upon that Moiety, be first satisfied:

And the Question being put, Whether the Question should be now put;

The House was divided.

The Noes went forth.

So that the Question passed with the Affirmative.

And then the main Question, for the Four thousand Pounds, being put;

The House was divided.

The Yeas went forth.

Resolved, &c. That the Committee of Northamptonshire shall have Four thousand Pounds out of that Moiety of the Compositions for Delinquents Estates, that is not charged for Sir Thomas Fairfaxe's Army, in Course, next after the Assignments and Engagements, already charged upon that Moiety, be first satisfied.

Ordered, &c. That the Business of Ireland be taken into Consideration, peremptorily, the first Business, on Monday Morning: And that Mr. Speaker do put the House in mind hereof: And that the House do proceed therein, with the Remonstrance or Reasons delivered by the Committee of Citizens Adventurers in London for Lands in Ireland, to the Committee of Common-Council, for the Refusal to lend Monies upon the Ordinance of 15 Augusti, for raising Monies for Ireland, in the first place; and after That with the Consideration of the Businesses concerning the present Government there; and then with the Reports from the Committee of Lords and Commons for Irish Affairs.

The House being informed, That divers Persons have, since the First Day of December, come in from the Enemies Quarters, and submitted themselves to the Parliament;

It is thereupon Ordered, That it be referred to the Committee, this Day appointed to withdraw, and consider of the Particulars propounded by Mr. Samuel Browne, to consider of all such as have come in and submitted themselves, since the said First Day of December, until this present Day, with reference to the Qualifications passed this House, in the Propositions to be now sent to his Majesty for a safe and well-grounded Peace.

Upon the Desires of the Commissioners for the Kingdom of Scotland, That Sir Henry Bruce Knight, late a Prisoner in the Tower, and now under Bail, might have Leave to go into Scotland;

It is Ordered, That Mr. Speaker do grant his Pass unto the said Sir Henry Bruce, to go into Scotland: And that he be discharged from any further Restraint.

Ordered, That, according to the Engagement of Sir Thomas Fairefaxe General, Humphry Bennett Esquire, now called Sir Humphry Bennett, shall have a Pass to go beyond the Seas: And that Mr. Speaker do grant him a Pass accordingly; he, the said Humphry Bennett, first engaging himself not to return into England without the Leave of both Houses of Parliament; and not to bear Arms, or act any thing, against, or prejudicial to the Proceedings of the Parliament of England or Scotland, in any of the said Kingdoms.

A Message from the Lords, by Doctor Aylett and Doctor Heath;

The Lords have commanded us to bring you their Desires, in this Paper, concerning John Hancock: These Names for Deputy-Lieutenants in the County of Cumberland; to which they desire your Concurrence. They desire to put you in mind of Committees Names recommended formerly from the Lords, for the County of Devon: Of the Petition of Sir Rivett Eldred, to excuse him from being Sheriff of the County of Suffolke, by reason of his Infirmity. They have sent you the Petition of Three Officers, and the Widow of an Officer in the Army: Which is specially recommended to your Consideration.

The Desire from the Lords, concerning John Hancock, was read; and was in hæc verba; viz.

That the Lords having, above Six Months since, recommended John Hancocke to the House of Commons, for his eminent Service; which being Matter of mere Justice and Right, and much concerning the Honour and Justice of the Parliament; and having, by many Messages, recommended the same to That House, but as yet have received no Answer; they do now more instantly recommend it to their House, for their Concurrence, left a further Delay may expose him to Ruin; being a Person so well deserving of the State.

Ordered, &c. That the Committee of Plymoth, Poole, and Lyme, do pay unto Mr. John Hancocke Two hundred Pounds, in Satisfaction of his Arrears; Recompence of his Services performed to the Parliament; and in full Discharge of his Demands or Desires, concerning any Place in the Isle of St. Nicholas near Plymouth, or the Fort there.

Resolved, &c. That this House doth agree with the Lords, That Sir Wilfrid Lawson Knight, Richard Barwis, William Briscoe, Thomas Lamplugh, Henry Tolson, and John Barwis, Esquires, shall be Deputy-Lieutenants for the County of Cumberland.

Resolved, &c. That this House doth nominate and approve of Sir Arthur Jenny Knight to be High-Sheriff of the County of Suffolke: And that the Commissioners for the Great Seal of England do grant him a Commission accordingly.

The Lords Concurrence to be desired herein.

The humble Petition of Thomas Jenkins, John Simpson, Francis Cooper, and Frances White Widow of Miles White, who was slain at Naseby Fight, in the Service of the Parliament, was read: And

It is thereupon Ordered, That the Committee of Accompts do state the Accompts of the Petitioners, what is due to them; and return the said Accompts, with their respective Debentures, so stated, to the said Petitioners, to whom they do respectively appertain.

Ordered, &c. That the Committees and Sequestrators of the Lands belonging to Wadham College in Oxford, in the County of Essex, do perform the Orders made by the Committee of Lords and Commons for Sequestrations, for the Payment of such Monies as are thereby appointed to be paid out of the said Lands, unto Mr. Crabbs, Mr. Bartlett, and Mr. Stukley, Three of the said College, that have left the same, and adhered to the Parliament.

Resolved, &c. That the Committee of the Revenue do desray the Charges and Expences of the Commissioners late sent into Scotland, amounting to Three hundred Pounds, over and above the Monies already assigned them for that Service: And that they pay the said Monies unto Mr. John Mosse, who received the Monies formerly assigned by the House to the said Commissioners.

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Deputy-Lieutenants for the County of Cumberland, they do agree: And they have taken the other Particulars into Consideration; and will send Answer by Messengers of their own.

Die Lunæ, 8 Decembris, 1645.

PRAYERS.

THE Reasons delivered by the Committee of Citizens Adventurers in London, for Lands in Ireland, to the Committee appointed by the Lord Mayor, Aldermen, and Common-Council of the said City, to be delivered to the said Court, of their Refusal to lend Monies upon Security of the Ordinance of the Fifteenth of August last, made for raising Monies for Ireland, to begin in November next, and to continue for Six Months; an Order of the CommonCouncil of the City of London, of 7 Octobris 1644; together with the Heads of an Ordinance to be prepared for the Supply of the Forces in Munster, with the Amendments; and the humble Petition of the Committee and Body of Adventurers, in London, for Lands in Ireland, sitting at Grocers-Hall, thereunto annexed, and presented by Alderman Fowke, and a Committee of the said Common-Council, to this House, the Tenth Day of November 1645; were all this Day read.

Mr. Pierrpont reports, from the Committee, of both Kingdoms, Mr. John Davyes his First Propositions, of 8 Novembris 1644, of Provisions to be sent to Ireland.

A Note of the Rates of such Provisions as were offered to be sent into Ireland, by the Sub-Committee at Grocers-Hall; Mr. Davyes his Second Offer, by way of Explanation of his Propositions, and his further Offer concerning the Assessments of London and Middlesex; the Answer of the SubCommittee at Grocers-Hall to the Second Propositions of Mr. John Davyes; and the Desire of the Sub-Committee at Grocers-Hall, to be excused in not undertaking, of 12 Novembris 1644; were all this Day read.

Mr. John Stephens presented to the House the humble Certificate of the Committee for taking the Accompts of the whole Kingdom, of 15 Novembris 1645; and several Depositions taken before the said Committee, touching the Accompts of Mr. John Davyes, and Provisions sent by him to the Kingdom of Ireland.

Mr. Samuel Browne, Colonel Morley, Mr. Whitelock, Mr. Goodwyn, Sir John Evelyn, Mr. Holland, Mr. Reynolds, Sir Christopher Wraye, Lord Lisle, Mr. Sallwaye, Sir John Danvers, Sir Henry Heyman, Mr. Hayes, Mr. Noble, Alderman Atkin, Sir Tho. Soame, Mr. Gurdon, Colonel Venn, Mr. Jennour, Mr. Westrowe, Mr. Thorpe, Sir Nath. Barnardiston, Mr. Peck, Mr. Leamon, Sir Wm. Lewes, Sir Charles Egerton, Mr. Edward Stephens, Sir John Temple, Mr. Dowse, Mr. Vassall, Mr. Bunckley, Mr. Whitehead, Mr. Stoughton, Mr. Beddingfeild, Mr. Wheeler, Colonel Stockdall, Colonel Thompson, Mr. Prideauxe;

This Committee is appointed to take into Consideration the Reasons for not Lending of Monies for Ireland, delivered in by Alderman Foucke, and a Committee of the CommonCouncil of November 10 1645; the Proceedings by the Committee of both Kingdoms, upon the Contract made with Mr. Daves, for the Furnishing of Provisions of Cloaths, Arms, Ammunition, and other Necessaries, for Ireland; the Certificate and Examinations delivered in from the Committee of Accompts, concerning the Accompts of Mr. Davies, and concerning the Performance and Execution of the Contract made with him: They are further to take into Consideration the Ordinance of Julii 13 1643; and to present to the House some Expedient for preventing the Inconveniences that may ensue upon that Ordinance: They are herein to hear all Parties concerned: And have Power to send for Parties, Witnesses, Papers, Records, &c. And are to meet on Wednesday next, at Two of Clock in the Afternoon, in the Exchequer-Chamber.

Mr. Reynolds reports, from the Committee for the Affairs of Ireland, according to an Order of this House to that Committee, of Novembris 22 , the Matter of Fact touching the present Government of Ireland, as it now stands, in all the Parts thereof; and touching all such Articles, Treaties, Contracts, Orders, or Votes, as have passed between the Houses and the Kingdom of Scotland, concerning the Government and carrying on the War of Ireland.

And thereupon the Tenth Article of the Treaty, concerning the reducing the Kingdom of Ireland to the Obedience of the King's Majesty, and Crown of England, agreed upon between the Commissioners for England, authorized by his Majesty, and the Parliament of England, and the Commissioners for Scotland, authorized by his Majesty and the Parliament of that Kingdom, was read; the Fourth Result of the Results of the Commissioners of both Kingdoms at Edinburgh, of Novembris 18 1643; the Votes of this House upon those Results, of Decembris 22 1643; the Resolutions of both Houses, of Aprilis 11 1644, concerning the Earl of Leven being Commander in Chief over all the Forces, as well Brittish as Scotts, in Ireland, and nominating his Deputy; were all likewise read.

Resolved, &c. That the Government of Ireland shall not be continued in any Person or Persons, longer than One whole Year.

Upon Mr. Crewe's Report of the Willingness the Committee found in the Common-Council, upon the Propositions from this House unto them, for the Advance of Thirty thousand Pounds for the Scotts Army.

Ordered, &c. That Mr. Recorder return the CommonCouncil the Thanks of this House.

A Letter from Mr. Rushworth to Mr. Scawen, of 3 Decembris 1645, Awtry, was this Day read.

Ordered, &c. That the Committee of the Army do forthwith provide Six thousand Suits of Cloaths, for the Cloathing of the Soldiers of Sir Thomas Fairefaxe's Army.

Ordered, &c. That the Treasurers of the Army, upon a Warrant from Sir Thomas Fairefaxe, General, do, out of the next Monies that shall be sent to the Army, pay unto the sick Foot-Soldiers One Month's Arrears of their Pay: And the Commissioners residing in the Army are hereby injoined to take care, that the sick Soldiers be not defrauded of these Monies.

Ordered, &c. That the House do sit To-morrow in the Afternoon, to hear the Reports from the Committee of Petitions: And that no other Business be then taken into Consideration.

Ordered, &c. That on Monday Morning next, at Nine of Clock, the House do sit in a Grand Committee, to take into Consideration the Business of Ireland.

Ordered, &c. That, on Saturday Morning, the Committee of Goldsmiths-Hall do report such Compositions and Ordinances concerning Delinquents, as are ready to be presented from that Committee to the House: And that no other Business do then intervene: And Mr. Speaker is to put the House in mind hereof.

Ordered, &c. That the Committee of both Kingdoms do, on Thursday next, give an Accompt to the House of the Propositions sent from Sir Thomas Fairefaxe, General, concerning the Army, and referred to their Consideration. And

It is further Ordered, That the Committee of the West do meet this Afternoon, at their usual Place of Meeting: And that the said Committee of the West, and the Committee of the Army, do confer this Afternoon with the Committee of both Kingdoms, concerning the said Propositions: And that, upon the whole Matter, the Committee of both Kingdoms return their Opinions to the House.

Ordered, &c. That the Committee formerly appointed to confer with the Lord Mayor, Aldermen, and CommonCouncil, of the City of London, or such as they shall appoint, touching the Propositions and Desire of the said City, for the Militia of London, do meet this Afternoon.

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

The Lords have commanded us to deliver unto you this Letter from the Governor of Oxon: There is in it a Letter inclosed from his Majesty: They do think fit this Letter should be communicated to the Commissioners of Scotland, by Members of both Houses, that are of the Committee of both Kingdoms; and desire your Concurrence herein.

The Letter from Sir Thomas Glemham, from Oxon, of Decembris 5 , directed, "To the Speaker of the House of Peers, pro tempore;" and a Letter inclosed, from his Majesty, in a Cover, directed, "To the Speaker of the House of Peers, pro tempore;" were all this Day twice read; and ordered to be taken into Consideration To-morrow Morning.

Answer returned by the same Messengers; That this House hath considered their Lordships Message; and will send Answer by Messengers of their own.

Ordered, &c. That Mr. Browne do report so soon as the Messengers have their Answer.

Upon Mr. Samuel Browne's Report, from the Committee appointed to that Purpose, of Orders and Directions to be observed by those that have been in Arms against the Parliament and have, or shall come in to the Parliament's Quarters;

It is Resolved, &c. That such Delinquents as came to the Cities of London and Westminster, before the First of this instant December, to compound for their Delinquency, shall compound with the Committee at Goldsmiths-Hall, before the First of January next.

Resolved, &c. That those Delinquents that have, before the said First of this instant December, rendered themselves to any of the Committees of Parliament, within the several Counties of England, or Dominion of Wales, shall, at their Perils, compound at Goldsmiths-Hall before the First of February next.

Resolved, &c. That all Delinquents that have come within the Lines of Communication, not having taken the Oath prescribed by both Houses the Fifth of April last, shall be committed according to the said Ordinance: And the respective Committees, thereby enabled, are hereby required to commit them accordingly.

Resolved, That the Residue of the Report made this Day by Mr. Samuel Browne be re-committed.