House of Commons Journal Volume 4: 30 December 1645

Die Martis, 30 Decembris, 1645.

Prayers.

ORdered, That Ten Pounds be paid and advanced unto the Widow of Serjeant-Major Bassett, deceased, by the Committee of Lords and Commons for Advance of Monies, at Haberdashers-Hall, for the Interring of the said Serjeant-Major Bassett.

The Lords Concurrence to be desired herein.

Ordered, That the Report for Settling of Preaching Ministers in the University of Cambridge be made on Thursday Morning next, the first Business.

Mr. Greene, according to former Order, reports, from the Committee of the Navy, several Votes of the said Committee, concerning the Commissioners of the Navy.

Resolved, &c. That the present Commissioners of the Navy, that is to say, Captain Crandley, Captain Morris, and Captain Tweedy, do act, and are hereby authorized to act, as Commissioners of the Navy, according to the several Powers given them, with others, by the Ordinance of the Fifteenth Day of September 1642, until both Houses of Parliament shall take further Order: And that, from that time, they, and every of them, shall have allowed and paid unto them, by the Treasurer of the Navy, upon and by the Order and Direction of the Committee of the Navy, the Sum of Two hundred Pounds per Annum, unto each of them, during their Employments.

The Lords Concurrence to be desired herein.

Resolved, &c. That Captain Crandley, Captain Morris, and Captain Tweedy, be inserted into the Commissions, and made Commissioners of the Peace in the several Counties of Middlesex, Surrey, Essex, Kent, and Southampton, respectively.

The Lords Concurrence to be desired herein.

Sir Walter Erle reports, from the Committee of the Navy, several Votes concerning Mr. Browne, for making Ordnance and Shot, &c.: And

It is thereupon Resolved, &c. That it is for the best Advantage of the State, that Mr. Browne's Works for the Making of Ordnance and Shot, in Prosecution of an Order of the House of Commons, committed to the Charge and Managing of Mr. Samuel Ferrers and Mr. Thomas Folley, be delivered up to the Possession and Government of Mr. Browne.

Resolved, &c. That before Mr. Browne be repossessed of those Works, that he give Security to Mr. Ferrers and Mr. Foley, to satisfy them One thousand Pounds, or such other Sums of Money, as, upon Account, shall be found to be by them disbursed in the Managing of those Works, by virtue of a Contract made with the Committee of the Navy.

Resolved, &c. That what Monies shall appear, upon Accompt, to be received by Mr. Ferrers and Mr. Foley, from those Works, shall be allowed to Mr. Browne, upon the Accompt, and defalked out of their Disbursments.

Resolved, &c. That Mr. Browne do enter into a new Contract with the Committee of the Navy, for the Delivery of Ordnance and Shot for the Use of the State.

Resolved, &c. That the Committee of the Navy do take Security, of Mr. Browne, to appear upon Summons when he shall be required by this House; and not to do any thing to the Prejudice or Disservice of the Parliament.

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

The Lords have commanded us to deliver unto you this Petition, from Mrs. Bassett, the Widow of Major Bassett, deceased. They likewise desire to put you in mind of Colonel Leighton, to be Colonel of a Regiment of Horse at Plymouth.

Ordered, That the Sum of One hundred Pounds be advanced and paid unto Mrs. Susan Bassett Widow, the Relict of Major Bassett, deceased, upon Account, in Part of the Arrears of Pay due to her said Husband, deceased: And that the Committee of Lords and Commons for Advance of Monies, sitting at Haberdashers-Hall, do pay the said Sum of One hundred Pounds unto the said Susan Bassett, or her Assigns, accordingly.

The Lords Concurrence to be desired herein.

Ordered, That it be referred to the Committee of Accompts, to state the Accompts of Serjeant-Major Bassett, deceased.

Answer returned by the same Messengers;

The House hath taken the Petition of Major Bassett's Widow into Consideration: And, as to Colonel Leighton's being Colonel of a Regiment of Horse at Plymouth, they will send Answer by Messengers of their own.

Ordered, That it be referred to the Committee of Examinations, to examine the Lady Hertford, Wife to the Lord Marquis of Hertford, the Lady Somersett, and Mrs. Levingston, this Afternoon; and to tender unto every of them the Oath mentioned in the Ordinance of the Fifth of April 1645; and to secure their Persons, until the Pleasure of this House be further known, concerning them.

Sir Gilbert Gerard carried to the Lords, for their Concurrence, the Order for Mrs. Helen Askwith, the Relict of Captain Askwith, to have a Water-Mill at Leedes, and Two hundred Pounds out of Haberdashers-Hall, and the Publick Faith for the Remainder of such Monies as are due to her, for a Troop of Horse raised by her deceased Husband: The Orders for One hundred Pounds, and for Ten Pounds, to Major Bassett's Widow, out of Haberdashers-Hall: The Ordinance for settling the Lady Ann Harecourt's Jointure, and granting her the Wardship of her Son: The Ordinance for allowing Interest, out of the Excise, for the Three thousand One hundred Ninety-one Pounds Five Shillings and Eight-pence, for the poor Waggoners: The Ordinance for Fifteen hundred Pounds out of the Excise, for the Welsh Drovers; and the Articles concerning the Rendition of Warham.

Ordered, That all the Rents, Issues, and Profits, of the Lands and Estate of Sir Robert Coke, and of Mr. Henry Coke, now in the Hands of the Sequestrators of those Counties, where their or either of their Estates do lie, or in the Hands of their Tenants, Bailiffs, or Collectors; and also the Sum of One thousand Pounds belonging to Mr. Paston, in the Hands of Mr. Samuel Smyth; the Sum of Two hundred Pounds, to be paid by Sir Charles Grosse, for his not Attendance in the Service of the House; and the Proceed of the Composition to be made with Sir John Hobarte, concerning a Debt owing by him to a Delinquent (which Composition is to be made by the Committee for the Eastern Association, and reported to this House); shall be levied and paid to the Treasurer of the Navy, and employed for the Payment and Satisfaction of the Owners of the Five Ships employed for the Guard of the Island-Fishing, and the Northern Coast, this last Summer.

Ordered, That it be referred to the Committee of the Navy, to make Satisfaction to the Owners of the Five Ships employed the last Summer for the Guard of the Island-Fishing, and the Northern Coast: And that the several Sums of Money, informed of by Sir John Potts and Mr. Corbett, be paid in to the Committee of the Navy, and applied to make Repayment, to the Committee of the Navy, of such Sums of Money as are, or shall be paid by the said Committee, for satisfying the respective Sums of Money due unto the Owners of the said Five Ships, for their Service in the Guard of the Island-Fishing, and the Northern Coasts.

Ordered, That it be referred to the Committee of the Navy, to take care for the Guarding and Preservation of the Fishery, upon all the Coasts of the Kingdom.

Whereas the Committee of Lords and Commons for the Admiralty and Cinque-Ports are, by an Ordinance of both Houses of Parliament, authorized and enabled to do and execute all such Things as appertain to the Office of Lord High-Admiral of England: And whereas it is ordained, by another Ordinance of Parliament, dated 30 Novembris 1643, That it shall and may be lawful, for any his Majesty's good Subjects, that shall be approved, and thereunto appointed, by the Lord High-Admiral of England, appointed by both Houses for the Time being, in warlike Manner to equip, arm, furnish, man, and set out to Sea, such and so many Ships, as they shall think fitting; and with the same to seize, surprise, and take, all and all manner of Ships and Vessels, which they shall meet withal, in, or outwards bound, from any Port or Place within any his Majesty's Dominions, being in Hostility against the Parliament, or coming from, or returning to any such Port or Place, or that shall be found to have traded with the Inhabitants of any such Port or Place, since their Defection from the King and Parliament; and also, to seize, surprise, and take, all and all manner of Ships and Vessels belonging to any Rebel or Rebels in Ireland, together with the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers, in the said Ships; and further, to surprise, and take all and all manner of Pirates, and SeaRovers, of what Nation soever, and their Ships and Goods whatsoever: And that the Ships to be so employed, shall have Liberty to seek and take their Purchase, where and how they please, according to such Instructions as shall, from time to time, be given them by the Lord High-Admiral of England, or the Commissioners of the Admiralty, appointed by both Houses for the Time being: And whereas this Committee hath been petitioned by Owners of the Ship the for our Approving of them to employ the said Ship, under Command of Captain: In Execution of the Powers granted by the said Ordinance, we do hereby signify and declare, That we have approved and appointed, and hereby do approve and appoint, the said in warlike Manner, to equip, furnish, and arm the said Ship the and to place in her a competent Number of Soldiers, Mariners, and Gunners, with necessary Arms and Provisions; and the same, so manned, equipped, armed, and provided, to set forth to Sea under Command of the said Captain; and the said Captain to employ the said Ship for doing and performing the Services hereafter mentioned; that is to say, for the Seizing, Taking, and Surprising of all Ships and Vessels, belonging to any of his Majesty's Subjects, which the said Ship shall meet withal, in or outwards bound, from any Port or Place within any his Majesty's Dominions being in Hostility against the Parliament, together with all the Ordnance, Ammunition, Victuals, Goods, Commanders, and Soldiers therein; as also for the Seizing, Surprising, and Taking of all and all manner of Ships and Vessels whatsoever, with the Ordnance, Ammunition, Victuals, and Goods therein, belonging to any Rebel or Rebels in Ireland, or which shall be going to or coming from any Port or Place in Ireland, in Hostility against the Parliament; as also for the Seizing, Surprising, and Taking of all and all manner of Ships and Vessels, belonging to the Subjects of any Foreign Nation, going to any Port or Place, in Hostility against the Parliament, with Arms, Ammunition, or other contrabando Goods, for Supply of the Forces raised against the Parliament; as also for the Seizing, Surprising, and Taking of all Pirates and Sea-Rovers, of what Nation soever, and their Ships and Goods whatsoever, according to the Authority, Meaning, and true Intent, of the said Ordinance of 30 Novembris 1643. Provided that before the Going forth of the said Ship, the said Captain, together with the Master, and principal Officers thereof, or such other sufficient Persons in their Behalf, as shall be accepted of by the Judge of the Admiralty for the Time being, do and shall enter into Bond of Two thousand Pounds, in the Admiralty-Court, with Condition, that neither the said Commander of the said Ship, nor the Master, or Company, or any of them, shall, under Pretext of the said Ordinance, or of these Instructions, spoil or damage any of the King's Subjects, nor any of the Friends or Allies of this Kingdom, other than such as are intended by the said Ordinance and these Instructions; as also, for Justification of the Prize or Prizes that the said Commander shall take, he shall bring into the Registry of the High-Court of Admiralty, all such Cocquets, Bills of Lading, and other Documents and Writings, as he, or any of his Company, shall take or find, in any such Ship or Vessel; and shall bring in, with every such Ship or Vessel, Two or Three or the principal Officers thereof taken in the same, to be examined by the Judge of the Admiralty, or such as he shall appoint, concerning the Property of the said Ship, Vessel, or Goods therein, and to such other Questions and Interrogatories as he shall think fit to administer in that Behalf; and also, that neither he, nor they, nor any of them, shall break Bulk, spoil, waste, or diminish any of the said Ships or Goods, until they shall be adjudged, in the High-Court of Admiralty, to have been lawfully taken, according to the true Intent and Meaning of the said Ordinance, and these Instructions; and a true and just Inventory and Appraisment be taken and made of the same. And the Judge of the Admiralty is hereby prayed and required to take Bond, accordingly; and to certify the same under the Seal of the Admiralty-Court; without which no Benefit is to accrue to the said Commander, Officers, Mariners, or any others interessed in the said Ship, by any thing done in pursuance hereof. And the said Captain shall truly pay and deliver, to such Collectors or Receivers as both Houses of Parliament, the Committee of the Admiralty, or the Lord High-Admiral for the Time being, appointed by both Houses of Parliament, have or shall appoint, the full Tenths of every such Prize as shall be taken by virtue of the said Ordinance, or these Instructions.

Resolved, &c. That the Committee of the Admiralty do give Instructions to such fit Persons as shall desire to set forth Ships, as private Men of War, according to the Tenor aforesaid; notwithstanding any former Order or Ordinance to the contrary: And the Earl of Warwicke is desired to make Report hereof in the House of Peers; and Mr. Greene in the Commons House.

Whereas the Commissioners of the Customs have, according to several Orders of the Committee of the Navy, returned an Inventory of all such Goods and Merchandize, as remain in the great Warehouse belonging to the Custom-house in the Port of London, as have been brought in, and remained there, to the last December 1643, unperfected, and have caused the same to be viewed and valued: And, for that the said Goods are decayed by reason of their long lying there; and not any Merchant appearing to lay Claim to the said Goods, and to pay the Customs and Duties due and payable for the same: It is therefore Ordered and Ordained, That the Commissioners of the Customs do put the said Goods and Merchandizes to Sale, to the best Advantage of the State; and the Monies arising on the Sale of the said Goods, to receive from the several Buyers; and to issue out the same, so received, as they shall, from time to time, receive Order from the Committee of the Navy: And the said Commissioners are to give publick Notice, by Writing, on the Royal-Exchange, London, Six Days before the Sale of any of the said Goods and Merchandizes. Provided, That if any Person shall make Claim, and good Title, unto any of the said Goods, within Two Months after the Sale thereof, he shall receive Satisfaction for the same from the Parliament.

Ordered, &c. That on Friday Morning next, the first Business, Mr. Greene do proceed in the Reports from the Committee of the Navy.

Ordered, &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 Knights of the Shire for the County of Wiltes, in the places of Sir Henry Ludlowe, deceased, and of Sir James Thinne, disabled by Judgment of the House to sit any longer as a Member thereof.

Ordered, &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 Knight for the County of Lancaster, in the place of Roger Kerbey Esquire; who was disabled by Judgment of the House, and since deceased.

Ordered, &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 Town of Newton in the County of Lancaster, in the place of Sir Roger Palmer, Knight, disabled by Judgment of the House.

Ordered, &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 Town of Wigan in the County of Lancaster, in the place of Orlando Bridgman Esquire, disabled by Judgment of the House.

Resolved, &c. That this House doth nominate and approve of Sir Edward Monyns Baronet to be High-Sheriff of the County of Kent: And that the Commissioners of the Great Seal do grant him a Commission in Form usual, accordingly.

The Lords Concurrence to be desired herein.

Ordered, &c. That it be referred to the Committee of the North where Sir Thomas Widdrington hath the Chair, to think of, and present to the House, fit Persons to be High-Sheriffs of the Counties of Northumberland and Cumberland.

Sir Gilbert Gerrard brings Answer from the Lords, That as to the Ordinance concerning the Lady Harecourt, and the Articles concerning Wareham, they will send Answer by Messengers of their own: And, as to the Orders for Mrs. Askwith, and Mrs. Bassett, and the rest of the Particulars, they do agree.

The Letter from his Majesty, Yesterday sent, was read, according to former Order.

Resolved, &c. That this House, upon reading the King's Letters of the Six-and-twentieth and Nine-and-twentieth of December, do find a great Necessity to continue their former Resolution, that the Militia of this Kingdom shall be put in the Power of both Houses of Parliament, and not otherwise, according to the Proportion concerning the Militia, already sent from this House to the Lords: And that the Lords Concurrence be desired, both in the said Proposition, and in this Vote: And that the Lords be desired, That if they shall agree in the said Proposition, and in this Vote, that they will concurr with this House, That the said Proposition concerning, the Militia, and this Vote, may, by the Members of both Houses that are of the Committee of both Kingdoms, be communicated to the Scotts Commissioners; and their Concurrence be desired to both.

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

The Lords have commanded us to deliver unto you this Letter from his Majesty: The Lords think fit to refer it to the Members of both Houses that are of the Committee of both Kingdoms, by them to be communicated to the Scotts Commissioners, and that an Answer may be drawn by that Committee, to be presented to both Houses: Wherein they desire the Concurrence of this House.

Resolved, &c. That this House doth concurr with the Lords, in their Opinion upon the King's Letter of Decembris 26 , sent with the Letter from the Lords Yesterday; and in referring the same in the Manner desired by the Lords.

Sir Robert Pye went to the Lords, to desire them to sit awhile.

Sir John Evelyne carried to the Lords, for their Concurrence, the Vote concerning the Militia, and the Concurrence of this House in the Lords Vote.

Answer returned by the same Messengers; That this House hath considered their Lordships Message; and do agree with the Lords in referring the King's Letter, as is desired.

Sir Robert Pye brings Answer, That the Lords will sit awhile, as is desired.

Sir John Evelyne brings Answer, That the Lords do agree to the Vote carried up by him.

Ordered, &c. That the Grand Committee of the House do meet on Thursday Morning next, immediately after Prayers, to take into Consideration the Business of Propositions to be sent to his Majesty, for a safe and well-grounded Peace: And that the several Sub Committees, to whom any of the Propositions are committed, do attend the Grand Committee at their first Sitting, and make the Reports remaining in their Hands.

Ordered, &c. That, on Thursday Sevennight, the House do, the first Business, take into Consideration the Business of the Great Seal, How and in whose Hands the same shall be intrusted: And that Mr. Speaker do put the House in mind hereof.

Ordered, &c. That the Lord Mayor, and the Committee of the Militia, be desired, That the Guards may be kept full and strong: And that especial Care may be taken of all that pass the Guards; and People of Understanding appointed at the Guards, that may read and distinguish between Passes, what are good, and what not.

Ordered, &c. That the Committee of the Militia in London shall have Power to nominate and appoint such a Number of Persons of Quality and Trust as they shall think fit, to go, in their Course, to the Guards every Day, and to continue there; for the better Keeping of the said Guards, and the greater Safety of these Parts. This to continue for Fifteen Days.

Colonel Venn and Mr. Allen are appointed to acquaint the Committee of the Militia with these Orders.

An Ordinance for enabling the Committee of the Militia to provide for the Safety of these Parts, and for searching for Delinquents, and ill-affected Persons, was this Day read the First time.

Ordered, &c. That this Ordinance, and the Ordinance concerning Martial Law, and the Votes concerning such as come from the Enemies Quarters, be taken into Consideration on Thursday next, in the Afternoon: And that the House then sit, on purpose to take into Consideration these Matters.