House of Commons Journal Volume 4: 31 January 1646

Die Sabbati, 31 Januarii, 1645.

Prayers.

AN Ordinance for enabling the Governors of Aylesbury and Newport-Pagnell to exercise Martial Law within their own Garisons was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Fine of Three hundred Pounds, for Discharge of the Delinquency of Linley Wren, of Binchester in the County of Durham, Esquire; he having been in Arms against the Parliament: His Estate, Two hundred and Sixty Pounds per Annum; whereof Seventy Pounds per Annum is a Lease of one of his Childrens: And that an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of One hundred Marks, for Discharge of the Delinquency of William Curtis, of Orwell in the County of Cambridge, Gentleman: He went to Oxford; and, upon his Return thence, being summoned, refused to come to his Place of Habitation: His Estate is Forty Pounds per Annum, in Lands; whereof Part is Copyhold, Six Cottages, and his Woods cut down: And that an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth impose and set the Fine of Fifteen hundred Pounds upon Robert Bolles, of the County of Lincolne, Esquire, for Discharge of his Delinquency; he having been a Commissioner of Array, and acted therein against the Parliament: He had Four hundred Pounds per Annum settled upon him, upon his Marriage; and is sole Son and Heir-apparent of Sir John Bolles Baronet his Father; whose Estate, with the Four hundred Pounds before-mentioned, is Two thousand Pounds per Annum. And

It is further Ordered, That, upon Payment or Satisfaction given for the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of the Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Thirty Pounds, for Discharge of the Delinquency of Edward Williamson, of the County of Lincoln, he having been in Arms against the Parliament; but hath since served Two Years in Arms for the Parliament: His Estate is Nine-and-twenty Pounds per Annum. And

It is further Ordered, That, upon Payment or Satisfaction given for the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant o the Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of One hundred Pounds, for the Discharge of the Delinquency of William Tirringham Esquire; he having been in Arms against the Parliament: His Estate being an Annuity of One hundred Pounds per Annum Annuity, and no more. And

It is further Ordered, That, upon Payment or Satisfaction given for the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of the said Annuity compounded for, under the Great Seal, accordingly.

Nevertheless, the House being informed, That a greater Estate may descend to him, and would have come to his Possession, if he had not been guilty of the said Delinquency;

It is likewise Ordered, That it be re-committed; and he be referred to the said Committee, to make his Composition for the rest of his Estate: And that the Ordinance for his Pardon, and Discharge of his Annuity from Sequestration, be stayed, until the Committee do make the Report concerning the Remainder of his Estate.

Resolved, &c. That this House doth accept of the Fine of Sixty Pounds, for Discharge of the Delinquency of William Jarvis, who hath adhered to the Enemy; and hath an Estate of Sixty Pounds per Annum, in Leases and Copyhold. And

It is further Ordered, That, upon Payment or Satisfaction given for the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of One hundred Pounds, for Discharge of the Delinquency of Willoughby Manly, of Staffordshire, Gentleman: He deserted the Parliament, and went into the Garison at Litchfield: And his Estate One hundred Thirty-one Pounds per Annum, in Lands and Leases. And

It is further Ordered, That, upon Payment of, or Satisfaction given for, the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Three hundred and Twenty Pounds, for Discharge of the Delinquency of Robert Betton, late Mayor of Shrewsbury, who laid Assessments for the King, and committed the Parties for Not-payment of it; his Estate being Eighty Pounds per Annum in Possession, and One hundred Sixty Pounds Three Shillings and Four-pence in Reversion, after one Life. And

It is further Ordered, That, upon Payment of, or Satisfaction given for, the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Two hundred Pounds, for Discharge of the Delinquency of Robert Awdly, of the County of Lincolne; he having been in Arms against the Parliament; and his Estate, in Lands of Inheritance, One hundred Thirty-three Pounds Seventeen Shillings and Four-pence: Out of which an Annuity of Fifty Pounds per Annum, for one Life, is payable; and the said Robert Awdley in Ward; for which Twenty Pounds per Annum, during his Minority, is payable in to the Court of Wards. And

It is further Ordered, That, upon Payment of, or Satisfaction given for, the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Two hundred and Fifty Pounds, for Discharge of the Delinquency of Mr. Henry Goring, Son to Sir William Goring, of Sussex; he having been in Arms, and having no Estate settled upon him: And that an Ordinance be brought in, for granting him a Pardon of his Offence, and a Grant of such Estate as hereafter may descend to him, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Fifty Pounds, for Discharge of the Delinquency of Isaac Morgan, of Bickton in the County of Salop, Gentleman; who, as himself affirms, was never in Arms; but left his Habitation, and resided in the King's Quarters: His Estate is Nine-and-twenty Pounds Two Shillings and Four-pence per Annum, in several Leases for Lives, and no more. And

It is Ordered, That, upon Payment of, or Satisfaction given for, the said Fine, an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Ninety-five Pounds, for Discharge of the Delinquency of Francis Shallett, of Harting in the County of Sussex, Gentleman; he having been in Arms against the Parliament at Chichester; and his Estate Fifty-seven Pounds per Annum: Out of which his Mother hath One-Third during her Life: And that an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Eighty-four Pounds, for Discharge of the Delinquency of Richard Pierce, of Chichester in the County of Sussex, Gentleman; he having been in Arms against the Parliament; and his Estate Forty-two Pounds per Annum: And that an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Sixty Pounds, for Discharge of the Delinquency of Richard Turner, of Beardham in the County of Sussex, Gentleman; he having been in Arms against the Parliament; and his Estate Thirty Pounds per Annum: And that an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth accept of the Fine of Six hundred Pounds, for Discharge of the Delinquency of Nicolas Bacon, of the County of Suffolk, Esquire; he having been in Arms against the Parliament; and his Estate Six hundred Thirty-eight Pounds per Annum; whereof Three hundred and Nine Pounds is in Reversion after the Death of his Mother, and the Remainder under several Extents. And

It is further Ordered, That an Ordinance be brought in, for granting him a Pardon for his Offence, and a Grant of his Estate compounded for, under the Great Seal, accordingly.

Resolved, &c. That this House doth allow and approve of the Exchange of * Langsthorpe, now a Prisoner to the Parliament at Boston, for Richard Rookes, now Prisoner to the Enemy at Belvoir-Castle.

Sir Thomas Widdrington carried to the Lords, for their Concurrence, the Ordinance for the Lord Roberts, Sir Henry Vane, and Mr. Walter Strickland, to go from both Houses to the States of the United Provinces of the Netherlands: The Ordinance for Lieutenant-General Cromwell to have the Lands of the Earl of Worcester, Lord Herbert, and Sir John Somerset, his Sons, in the County of Hants: The Ordinance to enable the Cursitors to prepare Writs of Error, returnable in Parliament; and the Commissioners of the Great Seal of England to seal them: The Ordinance for Payment of Five hundred Pounds to the Surrey Foot under the Command of Colonel Fielder: And the Ordinance to enable the Sheriff of Oxon to reside at Redding.

Sir Walter Erle carried to the Lords, for their Concurrence, the Ordinance for Making of Saltpetre.

Ordered, That the Report concerning Colonel Massie's Business be made on Tuesday Morning, the first Business: And that Mr. Speaker do put the House in mind thereof.

Ordered, That, on Thursday next, being the Day of Publick Thanksgiving for the late great Successes of the Parliament's Forces at the Taking-in of Dartmouth and Hereford, and in several late Fights with the Enemy in the West, a Collection be made in all Churches and Chapels where the said Day is appointed to be kept, by the Churchwardens, or other Officers of the Place: And that the Monies so collected be paid over to such Persons, as the Committee of the Army shall appoint; and be disposed and bestowed for the Encouragement of the Soldiers in the Army under the Command of Sir Thomas Fairfax General, in such manner as the said Committee shall think fit: And the Lord Mayor of the City of London is desired to give notice of this Order to the Ministers of the several Churches and Chapels where the said Day of Publick Thanksgiving is to be observed; to the end the same may be then published by them: And that they stir up the People to a free and chearful Contribution; the same being to be employed for the Encouragement of those that have deserved so well, and have been Instruments in bringing in those Mercies, for which a Day of Thanksgiving was set apart.

Resolved, &c. That the Committee of Examinations, to whom the Business concerning some Complaints against Sir John Gell was referred, do, with all convenient Speed; make their Report thereof: And that, for the Speeding thereof, they do send for Sir John Gell to attend them in Person, if they see Cause.

Mr. Whitelock reports a Clause to be added to the First Proposition: The which was read.

And, after some Debate thereof,

It is Ordered, That it be re-committed to the same Committee: And they are presently to withdraw upon it: And Mr. Holles, Mr. Selden, Sir John Evelyn junior, Mr. Crew, Mr. Stephens, Mr. Rous, Mr. Wheeler, Sir Gilbert Gerard, Mr. Nathanael Fynes, and Mr. Thorpe, are added to this Committee.

Resolved, &c. That it be referred to this Committee, likewise, to state the whole Matter of the great Differences, and of the Occasion of this War; to be presented to the House; and to be recorded in the Journals and Rolls of Parliament, and in all the Courts of Record at Westminster: And are to meet upon this Reference on Tuesday at Two post meridiem, in the Queen's Court: And have Power to send for Papers, Witnesses, Papers, Records, &c.

Prima & Secunda vice lecta est. Billa, An Act for enacting the Propositions, and turning them into an Act of Parliament; and, upon the Question, committed unto the Committee that prepared it: And they have Power to reduce as many of the Propositions into present Acts, as conveniently they can; and to present them to the House, as they shall see Occasion.

Sir Thomas Widdrington brings Answer, That the Lords will send Answer, by Messengers of their own, to the Ordinance concerning Lieutenant-General Cromwell; and the other Ordinances carried up by him.

Sir Walter Erle brings Answer, That, . . the Ordinance concerning Saltpetre, the Lords will send Answer by Messengers of their own.

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

The Lords have commanded us to bring you this Ordinance concerning Convent-Garden: There is an Ordinance, by way of Explanation, in it; to which they desire the Concurrence of this House. They desire to put you in mind of the Marchioness of Winton, and the Lord Evers Petitions: They have sent down an Order concerning one Henry Morris, a Clerk belonging to the House of Peers; in which they desire your Concurrence. They do recommend unto your Consideration the Petition of Mr. Werkerlyn. They desire your Concurrence in an Order they have sent down concerning Onsloe Winch Esquire, Sheriff of the Counties of Huntingdon and Cambridg: In which they desire your Concurrence.

An Ordinance, by way of Explanation of some Clauses in an Ordinance formerly passed both Houses, concerning Convent-Garden, was this Day read the First and Second time; and, upon the Question, passed; and assented unto.

A Petition from the Lady Marquesse of Winton to this House was read: And

It is Resolved, That this House doth concurr with the Lords; and doth order, That the Lady Marquesse of Wynton be forthwith sent Prisoner to her Husband, a Prisoner in the Tower.

The humble Petition of Wm. Lord Eure, directed to this House, was this Day read; desiring the Consideration of this House for his Relief and Subsistence: And

It is Ordered, That the Committee of Sequestrations where his Estate lies, do weekly pay unto the said Lord Eure, for his present necessary Subsistence, Forty Shillings weekly, out of his own Estate, if so much can be raised out of the Proceed of his said Estate.

The Order concerning Henry Morris, a Clerk belonging to the House of Peers, was read; and was, upon the Question, assented unto; and was in hæc verba; viz.

ORdered, by the Lords and Commons, assembled in Parliament, That Henry Morris, a Clerk belonging to the House of Peers, shall have the House he now lives in, with the Plot of Ground thereunto belonging, Rent-free from Payment of any Arrears formerly due from him for the said House and Garden-Plot: And that the Committee for Sequestrations in Westminster do grant him the said House and Ground, Rent-free, accordingly. And, in regard the House of Peers have found the said Henry Morris a diligent, painful and deserving Man, whose long Pains, in his Way of Clerkship, hath been very serviceable to the State, both Houses do, for his better Subsistence in the future, especially recommend him to the Care of the Committee of the Revenue, to do further for him, as to them shall seem fit.

The humble Petition of G. Rodolph Weckerlyn was this Day read: And

It is thereupon Ordered, &c. That Two hundred Pounds be bestowed upon Mr. Weckerlyn, in Acknowledgment of the many very faithful Services performed by him to this House and Parliament: And that the Two hundred Pounds be charged upon the Receipts of Goldsmiths-Hall, in Course, to issue out of that Moiety not charged for Sir Thomas Fairefaxe's Army: And that he be recommended unto the Committee of the Revenue, to pay unto him the Arrears of his Entertainment, due unto him as Latin Secretary for the Time past; and to continue it for the future; and to pay him the Arrears, in Course, next after the Assignments already charged upon the Revenue.

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

The Lords have received a Letter from his Majesty: Which they send to you. They have sent you a Paper, intimating the Blots in the Letter to be in it before it came to the Lords, to prevent all Misunderstanding; and have ordered, That it be communicated to the Scotts Commissioners, by the Members of that House that are of the Committee of both Kingdoms.

The Letter was read: And

It is Ordered, That it be read again; and taken into Consideration on Monday, the first Business: And that, in the mean time, it be communicated to the Scotts Commissioners this Afternoon, by the Members of this House that are of the Committee of both Kingdoms; as it is in like manner by the Lords ordered to be communicated by the Members of that House, that are of the Committee of both Kingdoms.

Ordered, &c. That it be referred to the Members of both Houses that are of the Committee of both Kingdoms, to hear and receive any such Propositions and Desires as shall be made by the Lord Lisle, for the Advancement of the Service of the Parliament, in reference to the Affairs of Ireland; and to present them to both Houses.

Answer returned by the same Messengers; That this House has considered their Lordships Message: And, as to the Ordinance of Explanation concerning Convent-Garden; the Order concerning Mr. Morris, a Clerk belonging to the House of Peers; the Order concerning Onslowe Winch; they do agree: As to the Lady Marquesse of Winton, they do agree; and have ordered, That she be forthwith sent Prisoner to her Husband, a Prisoner in the Tower. They have likewise taken the Lord Eure's and Mr. Wekerlin's Petition into Consideration.

Answer returned by the Second Messengers; That this House has considered their Lordships Message; and do agree, That the Letter from the King be communicated to the Scotts Commissioners; and have appointed the Members of this House that are of the Committee of both Kingdoms, to communicate it, as is desired.

Upon Mr. Whitelock's Report;

It is Resolved, &c. That this Clause; viz. "Whereas both Houses of the Parliament of England, and the Estates of the Kingdom of Scotland, have been necessitated to undertake and prosecute a War in their just and lawful Defence;" be added as a Preamble of the First Proposition.

Resolved, &c. That a Conference be desired with the Lords, on Monday Morning next, upon the present Sending of Propositions to the King: And that the Votes for the Propositions to be presently sent be communicated at this Conference, and the Lords acquainted with the Reasons that move the House to the present Sending of these Propositions: And that they do intend likewise to prosecute the rest: And that they do intend, that an Act be prepared for the Enacting of these, and presented together with the Propositions: And that they be desired to concurr in the Speeding of these; to the end they may be communicated to the Scotts Commissioners; and with all Speed sent to the King.

Sir Henry Mildmay is appointed to desire this Conference.

Mr. Recorder, Mr. Whitelock, Sir Henry Vane junior, Mr. Sollicitor, Sir Thomas Widdrington, Mr. Samuel Browne, are appointed Managers of this Conference.

WHereas Onslow Winch, late of Everton in the County of Huntingdon, Esquire, is appointed by both Houses of Parliament, to be High-Sheriff of the Counties of Huntingdon and Cambridg, for the Year ensuing: And whereas it appears, that his present Residence and Habitation is out of the said Counties; and that he cannot, without great Prejudice, answer the Strictness of the Sheriffs Oath, in point of Residency: It is thought fit, in respect of the especial Trust and Confidence of his Fidelity, that he will appear in the said Counties upon all emergent Occasions, to discharge his Duty to the State; and it is likewise therefore Ordered, by the Lords and Commons, in this present Parliament assembled, That it shall and may be lawful for the said Onslow Winche to continue his Residence and Abode in his own House, where he hath his present Habitation and Dwelling; he having formerly been Sheriff of Bedfordshire, and enjoyed the like Freedom and Dispensation of his Abode elsewhere, from his Majesty.

It is Ordained, and be it Ordained, by the Lords and Commons, in this present Parliament assembled, That Colonel Thomas Bulstrode, Governor of Aylisburie, and Colonel Charles Doyly, Governor of Newport-Pagnell in the County of Buck, and either of them, calling unto them, or either of them, Field-Officers, and others, according to the Course of War, shall have Power, and are hereby authorized, to execute Martial Law in their several Garisons aforesaid, respectively, according to the Articles of War published by the Earl of Essex, and now used in the Army under the Command of Sir Thomas Fairfax.

Ordered, That the former Order be revived and duly observed, That no new Motion be made of any Business whatsoever, after Twelve of the Clock: And that Mr. Speaker do hear no new Motion of any Business, after Twelve of the Clock.

Ordered, That Mr. Speaker do acquaint the House, when any Message shall come from the Lords: And that the Messengers be immediately called in, unless the House be then engaged in a Business: And that, after such Business in Debate shall be ended, the Messengers be then immediately called in, before any other Business be proceeded in.

Ordered, That Mr. Lisle do bring in an Ordinance for the full grantingunto, and settling upon, Lieutenant-General Oliver Cromwell, and his Heirs, the Manors of Abberston and Itchell, with the Rights, Members, and Appurtenances thereof, in the County of Southampton; being the Lands of John Lord Marquis of Winchester, a Delinquent, that hath been in Arms against the Parliament, and a Papist.