House of Commons Journal Volume 4: 3 November 1646

Die Martis, 3 Novembris, 1646.

Prayers.

Ordered, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of Two Burgesses for the City of Chester in the County of Chester, in the places of Sir Thomas Smith, and Francis Gamull, disabled, by Judgment of this House, to sit as Members thereof, during this Parliament.

Ordered, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of one Knight of the Shire for the County of Gloucester, in the room and place of John Dutton Esquire, disabled, by Judgment of this House, to sit as a Member thereof, during this Parliament.

Ordered, &c. That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, for a Writ to be issued, for the Election of Two Burgesses for the Borough of Cirencester in the County of Gloucester, in the rooms and places of Sir Theobald Gorges, and John George, disabled to sit as Members of this House, during this Parliament.

Mr. Recorder, Mr. Hill, Mr. Dennis Bond, Mr. Robinson, Sir William Allenson, Sir William Constable, Mr. Alderman Hoyle, Mr. Samuel Browne, Sir Philip Stapilton, Mr. Sydenham, Sir William Strickland, Mr. Henry Darley, Mr. Knightley, Mr. Allen, Mr. Peck, Mr. Tate, Sir John D'Anvers, Mr. Alderman Pennington, Mr. Jennour, Sir Thomas Wroth, Mr. Stapilton, Sir Robert Pye, Mr. John Ashe, Mr. Love, Mr. Lane, Mr. Wheeler, Mr. Hallowes, Sir Walter Erle;

This Committee are to call Sir Robert Napper before them; and to examine the Reason why his Estate was sequestred, and the Cause of his Absence from the Parliament; together with the whole Business concerning him: And are to peruse the Orders of this House, concerning the Sequestring of Members: And are to meet at Two of the Clock this Afternoon, in the Court of Wards: And have Power to send for Parties, Papers, Witnesses, Records; and to make their Report upon Tuesday Fortnight.

Ordered, That the Rents arising, due and payable out of the Estate of Sir Robert Napper, for this last Half-year ended at Michaelmas last, be suspended, and detained by the several Farmers and Tenants, by whom the same are payable, in their Hands respectively, until this House shall take further Order concerning the same.

Ordered, That Sir William Allenson do write to the Committees for the County of Yorke, that they do forthwith certify, unto the Committee unto whom the Examination of Sir Robert Napper's Case is referred, the Proofs and Causes inducing them to sequester the Estate of the said Sir Robert Napper in the said County.

Ordered, That Mr. Samuel Browne do write to the Committees for the County of Bedford, that they do forthwith certify unto the Committee unto whom the Examination of Sir Robert Napper's Case is referred, the Proofs and Causes inducing them to sequester the Estate of the said Sir Robert Napper in the said County.

Ordered, That the Sum of Two hundred Pounds be paid unto Sir Robert Napper, for his present Subsistence, out of the Rents remaining in the Hands of any the Farmers or Tenants of his Estate, which are or were payable at Michaelmas last: And that the Acquittance of the said Sir Robert Napper shall be a good Discharge unto any Tenant or Farmer of the said Estate, for the Payment to him of the said Two hundred Pounds accordingly.

Ordered, &c. That Sir Henry Vane senior do make the Reports from the Committee of the Revenue, concerning the Duke of Yorke, the Alum-Business, and the Tin-Business, on Friday Morning next: And that, on the same Day, the humble Petition of many Thousands of Clothiers, Weavers, and others, be likewise read.

Ordered, That the Reports from the Committee of the Navy, for the Maintenance of Trade, the Support of the Navy, and concerning the Customs, be made on Monday Morning next.

Upon Mr. Knightlei's Report, from the Committee to whom the Examination of Complaints, upon any Breach of the Articles for Surrender of Oxford, was referred;

The Eleventh Article was read.

The General's Letter to Mr. Speaker; and another Letter from him to the Committee, of 27 Septembris 1646, from Cornbury; the Petition of divers Gentlemen comprised within the Articles, concerning the Surrender of Oxford; and the Opinion of the said Committee, concerning the said Petition; were all this Day read.

Mr. Sandis carried to the Lords, for their Concurrence, the Ordinance for appointing the Sale of Bishops Lands; and received it from Mr. Speaker in the Chair.

Resolved, &c. That the House do accompany Mr. Sandis, for the Carrying of the Ordinance for appointing the Sale of Bishops Lands to the Lords for their Concurrence.

Mr. Speaker left the Chair.

And the House went with Mr. Sandis accordingly.

Mr. Speaker resumed the Chair: And-

The House resumed the Debate, upon the Report, made by Mr. Knightly, from the Committee for Complaints, upon the Breach of the Articles for Surrender of the Garison of Oxford.-

Mr. Sandis brings Answer, That the Lords will take the Ordinance for appointing the Sale of Bishops Lands into speedy and serious Consideration; and send Answer by Messengers of their own.

Resolved, &c. That such Persons as are comprised within the Articles of Oxon, that come in to compound, shall have no Oath, Covenant, or Molestation put upon them, during their Attendance upon their Composition; provided they proceed therein without any wilful Neglect or Delay, on their Parts.

Resolved, &c. That the Rents of Persons comprised within the Articles of Oxford shall be detained in the Hands of their Tenants, and not paid to, or received by the Sequestrators, from the Time of the Entering of the Names of such Persons, as Compounders with the Committee at Goldsmiths-Hall: And that, upon their particular Desires, Letters be written by the said Committee to the respective Committees in the Countries, to suspend the receiving or intermeddling with any Rents payable unto them, or any of them, from the Time aforesaid: Nevertheless, if any such Persons shall wilfully neglect or delay their Compositions, the said Committee at Goldsmiths-Hall have Power to countermand any such Letter, written, or to be written, on the Behalf, or at the Desire, of any such Person or Persons.

Resolved, &c. That a Time shall be limited, for Persons comprised within the Articles of Oxon, that come in to compound, to bring in their Particulars.

Resolved, &c. That all such Persons as are comprised within the Articles for Surrender of Oxford, and have tendered themselves, and delivered in their Petitions, to the Committee at Goldsmiths-Hall, to be admitted to their Compositions, do bring in the Particulars of their respective Estates, to be compounded for, within the Space of Twenty Days, to be accounted from this present Day: And that all others, comprised within those Articles, which shall hereafter tender themselves, and deliver in their Petitions, to the said Committee, to be admitted to their Compositions, shall have convenient Time after given them, to bring in the Particulars of their Estates to be compounded for, not exceeding Twenty Days.

Resolved, &c. That those Persons as shall desire to compound, shall have Liberty to peruse their Evidences: And, to that End, the Committee of Goldsmiths-Hall shall have Power, and shall send for all such Evidences to such Committees, or other Persons, in whose Hands such Evidences are, to be perused, and made use of, by the Compounders in their Compositions.

Ordered, That, on Wednesday come Sevennight, the Ordinance concerning the Taking of the Covenant be brought in.

Ordered, upon the Question, That the Report concerning the Articles of Oxon, Truro, and Exeter, be proceeded in on Monday Morning next.

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

The Lords have commanded us to return you this Ordinance, for continuing the Committee and Treasurers at War for Six Months: It moved from you: And the Lords have agreed unto it, with these Alterations: And that, according to your Desire, they have appointed a Committee of Fifteen of their Lords, Seven of the Quorum, and desire you will appoint a proportionable Number, to consider how the Great Seal shall be disposed of, when the present Ordinance, which hath placed it in the Speakers of both Houses, shall expire; to meet on Thursday next, at Three of the Clock in the Afternoon, in the Painted Chamber, if it may be with the Conveniency of this House:- To deliver this Order, for the Taking off of Captain Morgan's Sequestration, in respect of his good Service done in reducing South-Wales: Wherein their Lordships desire your Concurrence: And to deliver a Copy of an Order, and of a Letter written from the Committee of both Kingdoms, concerning that Business: To put you in mind of an Ordinance for the Lord Herbert to be Warden of the Stannaries; and of another, for the Lord Howard to have the Custody of the Body and Lands of the Lord Butler: Both which they desire you to take into speedy Consideration.

Ordered, That the Ordinance for making the Lord Herbert Warden of the Stannaries, sent from the Lords, be read on Friday Morning next, being the Day appointed to take into Consideration the Tin-Business.

The Lords Amendments to the Ordinance for continuing the Committee and Treasurers for the Army were read; and, upon the Question, assented unto.

The Question being put, Whether an Ordinance should be brought in, for continuing the Committee and Treasurers for Ten Months longer;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

And it is referred to Mr. Scawen, to prepare and bring in this Ordinance.

An Order, from the Lords, for the Taking off of Captain Antony Morgan's Sequestration, in respect of his good Service done in reducing South-Wales; and likewise the Copy of an Order, and a Letter written from the Committee of both Kingdoms, concerning that Business; were this Day read.

Resolved, &c. That this House doth concurr with the Lords, in taking off the Sequestration of the Estate of Captain Antony Morgan: And that the Sequestration of the said Estate be discharged accordingly.

Mr. Samuel Browne, Serjeant Wilde, Sir Henry Vane, Mr. Prideaux, Sir Robert Harley, Mr. Gott, Colonel Ven, Sir John Evelyn, Sir Walter Erle, Mr. Trenchard, Sir Edw. Aiscough, Mr. Hill, Sir John Coke, Mr. Marten, Mr. Pury, Mr. Swynfen, Mr. Sydenham, Mr. Hatcher, Mr. Knightley, Mr. Harrington, Mr. Dixwell, Mr. Francis Pierepoint, Mr. Abbott, Mr. Bois, Mr. Whitehead, Mr. Wallop, Mr. Selden, Sir Thomas Widdrington, Sir Wm. Lewes, Mr. Young;

This Committee is appointed to meet with a Committee of a proportionable Number of the Lords, on Thursday next, at Three of Clock in the Afternoon, in the Painted Chamber; to consider how the Great Seal shall be disposed of, when the present Ordinance, which hath placed it in the Speakers of both Houses, shall expire.

An Ordinance for granting unto the Lord Howard of Escrig the Custody of the Body and Lands of the Lord Boteler, an Idiot; and for removing the Custody thereof from the Lord Dunsmore, and Endymion Porter, Delinquents, formerly granted unto them by the Court of Wards; was this Day read; and, upon the Question, passed.

Answer returned by the same Messengers; That, as to the Ordinance for making the Lord Herbert Lord Steward of the Stannaries, they will send Answer by Messengers of their own: To the rest of the Message, they do agree.