House of Commons Journal Volume 5: 6 May 1647

Die Jovis, 6 Maii, 1647.

Prayers.

Charges against Kenwrick.

A LETTER from the Deputy Lieutenants of Kent, from Gravesend, of 13 Aprilis 1647; and divers Examinations taken upon Oath, and otherwise concerning one James Middleton preferring a Bill of Indictment against Colonel Kenwrick, a Deputy Lieutenant of the County of Kent, at the last Assizes, for feloniously taking away Three of the said James Middleton's Horses; the which Horses the Troopers of the said Colonel Kenwrick found tied in a Wood at the Time of the last Insurrection in Kent; and that he was advised hereunto by Sir John Sedley: The which were all read.

A Paper sent in by Sir Jo. Sedley, containing the State of the Complaint of the said James Middleton, and the Account of Colonel Kenrick, wherein he accounts for the said Horses, delivered in to the Committee * * * *, were likewise read.

Resolved, &c. That Sir John Sedley shall be called in and interrogated concerning these Informations.

Sir John Sedley was called in: And Mr. Speaker asked him many Questions out of the aforesaid Examinations.

He said, That James Middleton did come unto him with his Complaint: That he came not unto him singly, but unto him with others, at a publick Meeting: He was at the Council of War, and knew the Business: That the Horses were dismembered and disguised: He came to Three Justices of the Peace at Seale: He said nothing to him there: At Rootham the Clerk read the Complaint: He did tell him, Colonel Kenwrick was a Justice of Peace, and a Deputy Lieutenant, and they could do nothing to him; the Law was open, and he might, if he thought fit, prefer an Indictment: He did not speak to him about any of this Business at the Assizes: He knew nothing of the Indictment before it was brought in before the Judges: He did not appoint him to come to the Assizes: He did not acquaint him with the Indictment: He did not send him to the Clerk of the Assizes concerning this Business, but concerning another, that concerned his Brother and one Goodwyn.

Sir John Sidley withdrew:

And, called in again, answered, He was at the Bench the last Assizes, when the Judge gave the Charge: He did say to Sir Michaell Livesey, That he did believe, seeing those Two Men there, that they would prosecute Colonel Kenrick: He said, He knew to the contrary, that Colonel Kenrick had not accounted for those Horses before the last Assizes.

He withdrew:

And was called in again; And, being demanded, What Prosecution he did intend, that he spake of to Sir Mich. Livesay;

He said, Sir Michaell Livesay first moved the Business to him; and told him, That Colonel Kenricke had done many foul Acts in such a Place, and such a Place; and named the Places, particularly Alisford: He knew not what Kind of Prosecution he might follow; for aught he knew, it might be of Trespass: He did believe there was no Account, unless it were de post facto: He did believe, seeing the two Middletons there in the Court, that they would prosecute him for Horses.

Sir John Sedley withdrew:

And was called in again; and his Answers aforesaid were twice read all over unto him, that he might see if any thing were mistaken, or not truly set down: And, being demanded, he did except to nothing; but desired some Enlargement following, concerning what he had declared touching Sir Mich. Livesay: That Sir Micha. Livesay, instanced in some Particulars of Colonel Kenrick's Acts; as setting his Instruments to take Five Pounds a Man, and some Mens Horses, for Riding on the Fast Day, and keeping them to his own Use: And that Sir Michaell Livesay did then move him to take up this Business against Colonel Kenricke, and to prosecute them against him.

At his being at the Council of War he believes there was no Account made, unless ex post facto: His Reason was, because there was an Order, upon James Middleton's first Acquittal (for he was twice discharged, under Sir Antho. Welden and Mr. Francklyn's Hand, who is now dead), which Order was to Colonel Kenricke, to deliver the Horses; and that Colonel Kenricke refused it: That he being present at the Acquittals of James Middleton, and knew him to be an innocent Man, and therefore was the more ready to receive the Complaint: And that this Complaint was brought in to them to Wrotham: That, after the Order of the House was read, the Judges gave Order there should be no Proceedings in Businesses of this Nature: And that there was no Indictment at the Assizes; for the Jury brought in the Bill again, and cast it to the Clerk, What that Bill was: The Clerk said, It was a Presentment against Colonel Kenrick for Horses.

House to sit, &c.

Resolved, &c. That this House do sit this Afternoon.

Mr. Nicoll is appointed to go to the Lords, to acquaint them; That this House has resolved to sit this Afternoon; and to desire them also to sit this Afternoon, if it might stand with their Conveniency.

He was further to put them in mind of divers Resolutions sent unto their Lordships, concerning the Garisons, that were some to be kept up, and some to be slighted.

Mr. Nicoll brings Answer, That the Lords are resolved to sit this Afternoon: And, as to the Garisons, they will send Answer by Messengers of their own.

Sir J. Sedley.

The Question was propounded, That Sir John Sedley shall be, and is hereby, put out of all publick Employments, either as Justice of Peace, Deputy Lieutenant, Committee Man, or other publick Employment whatsoever:

And the Question being put, Whether this Question shall be now put;

It passed with the Affirmative.

Resolved, &c. That Sir John Sedley, Knight and Baronet, shall be, and is hereby, put out of all publick Employments, either as Justice of Peace, Deputy Lieutenant, Committee Man, or other publick Employment whatsoever.

Major Tullidagh.

Resolved, &c. That Major Tullidagh, now under Bail, be discharged from any further Attendance, Restraint, or Bail.

Loan from the City.

Resolved, &c. That the House do now proceed to the further Consideration of the Report Yesterday made by Mr. Holles, from the Common Council.

Resolved, &c. That Fourteen hundred and Forty Pounds, the Remainder of a Debt of Two thousand Pounds, and Interest for the same, due unto Sir Thomas Soame Knight, Alderman of the City . . London, formerly advanced and lent by the said Sir Thomas Soame, for the Service of the Parliament, be charged upon the Grand Excise, in Course, with Interest for the same, from this Day, payable every Six Months: And that the said Sum of Fourteen hundred and Forty Pounds, be paid unto the said Sir Thomas Soame, or his Assignee, by the Commissioners of the Excise, as it shall fall due, in Course, and Interest for the same, every Six Months, as aforesaid: And the Acquittance or Receipt, under the Hand of the said Sir Thomas Soame, for the said Sum of Fourteen hundred and Forty Pounds, and Interest for the same, shall be a sufficient Discharge unto the said Commissioners of Excise.

The Lords Concurrence to be desired herein.

Whereas the Debt of One thousand Pounds is owing by Sir Thomas Soame, to one Gibson and Hall, Delinquents; whereby the same is forfeited to the State; It is Resolved, That the said Sum of a Thousand Pounds be retained in the Hands of the said Sir Thomas Soame, and allowed unto him, in Part of Payment of a Debt of Two thousand Pounds, advanced and lent by the said Sir Thomas Soame, for the Service of the Parliament: And that Mr. Corbett do bring in an Ordinance to this Purpose.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Sum of Ten thousand Pounds be charged upon the Receipts at Goldsmiths Hall, in Course; to be employed for the Relief of such poor indigent Persons, as both Houses shall think fit.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Interest due, and which shall grow due, for a Thousand Pounds lent to the Parliament by Sir John Driden, Sir Christopher Hatton, and Mr. Crew, formerly charged upon Sir Christopher Hatton's sequestered Estate, be now charged upon the Receipts at Goldsmiths Hall, in Course, until the Principal be paid.

The Lords Concurrence to be desired herein.

Resolved, &c. That the Sum of Two thousand Five hundred Ninety-one Pounds Seventeen Shillings and Sixpence, due unto Mr. Samuell Vassall, for Monies and Commodities taken in Ireland for the Service of the Parliament's Forces there, be charged upon the Receipts of the Grand Excise, in Course, with Interest for the same, from this Day, payable every Six Months: And that the Acquittance or Receipt of the said Mr. Samuell Vassall, or his Assignee, for the said Sum of Two thousand Five hundred Ninety-one Pounds Seventeen Shillings Sixpence, shall a sufficient Discharge unto the said Commissioners of Excise.

The Lords Concurrence to be desired herein.

Resolved, &c. That, from Friday the Seventh of this Instant May, no Anticipation, Charge, or Engagement, be made upon the Receipts of the Excise, until the Security be perfected, but such Sums only as shall be charged in Course, without any Prejudice to the Security.

Resolved, &c. That, from Friday the Seventh of this present May, no Anticipation, Charge, or Engagement, be made upon the Moiety of the Receipts at Goldsmiths Hall, but such Sums only as shall be charged in Course, without any Prejudice to the Security.

Resolved, &c. That the Common Council shall have Power to nominate Treasurers, to be approved by both Houses of Parliament, for the receiving and paying this Sum of Two hundred thousand Pounds, for the Service of England and Ireland, in such Manner as both Houses of Parliament shall appoint.

Indemnity.

Ordered, &c. That the Ordinance for Indemnity be read To-morrow Morning.

Army Accompts.

Ordered, &c. That the Instructions for taking the Accompts of the Soldiery of the Kingdom be read Tomorrow Morning.

Soldiers Widows, &c.

Ordered, &c. That the Petitions of Widows and maimed Soldiers be read To-morrow Morning.

Marston's Petition.

Ordered, &c. That the Petition in Mr. Speaker's Hand, concerning Mr. Marston, and other Merchants, be read To-morrow Morning.

Oxford Ministers.

Ordered, &c. That the Petition from the City of Oxon, concerning some Advance of Maintenance for their Ministers, be referred to the Committee for the University of Oxon; to consider thereof, and to report their Opinions to the House.

Propositions.

Ordered, &c. That the Report concerning the Propositions be made on Tuesday Morning next, the first Business.

Message to Lords.

Sir Thomas Dacres carried to the Lords, for their Concurrence, an Order for One thousand Pounds, out of the Receipts at Goldsmiths Hall, in Course, for the Lady Moore: An Order for One thousand Four hundred and Forty Pounds, with Interest, out of the Receipts of the Grand Excise, in Course, to Sir Thomas Soame: An Order for Ten thousand Pounds, out of the Receipts at Goldsmiths Hall, in Course, for the Relief of poor indigent Persons: An Order for charging the Interest due, or that shall grow due, for a Thousand Pounds, formerly lent by Mr. Crew, Sir John Draydon, &c. out of the Receipts at Goldsmiths Hall, in Course: An Order for Two thousand Five hundred Ninety-one Pounds Seventeen Shillings Six-pence, out of the Receipts of the Grand Excise, in Course, with Interest for the same, from this Day, to Mr. Vassall.

Message from Lords.

A Message from the Lords by Dr. Heath and Mr. Hackwell;

The Lords have commanded us to bring unto you some Papers they have received from the Prince Elector; with the Answer to his Highness; in which they desire your Concurrence.

Their Lordships do agree to the Order concerning Alderman Pennington: They desire you to take into speedy Consideration the Petition of the Earl of Mulgrave formerly sent unto . . . . : They have sent you some Letters from Captain Owen, concerning some Sweedish Ships: Their Lordships refer the Consideration thereof to the Committee of the Admiralty; and desire your Concurrence therein; and that a speedy Course may be taken, because the Sweedish Ships want Victuals: They have sent you an Ordinance for the making Nicholas Paul, Vicar of Berkeley in Gloucestershire; to which they desire your Concurrence. Their Lordships do agree to the Order concerning the Lady Vere.

Loan from the City.

Mr. Holles carried to the Lords, for their Concurrence, the Votes passed Yesterday, and To-day, upon the Report from the Common Council, touching the Proposition for borrowing Two hundred thousand Pounds.

Answers from Lords.

Sir Thomas Dacres brings Answer, that the Lords will send Answer to all the Orders carried up by him, by Messengers of their own.

Mr. Holles brings Answer, That the Lords do agree to all the Votes carried by him.

Loan from the City.

Ordered, &c. That Mr. Vassall do desire the Lord Mayor of the City of London to call a Common Council, to meet To-morrow in the Afternoon at Two of Clock.

Ordered, &c. That the Committee formerly employed to the City, upon the Proposition for borrowing of Two hundred thousand Pounds, do go to the Common Council To-morrow, and communicate unto them the Votes passed upon the Report from the Common Council, touching the Proposition for borrowing Two hundred thousand Pounds: And it is referred to the said Committee to prepare and bring in an Ordinance upon all the Votes passed, concerning the Two hundred thousand Pounds to be now borrowed.

Free Quarter.

Mr. Holles, Sir Wm. Waller, Sir Phillip Stapleton, Colonel Birch, Mr. Weaver, or any Two of them, are appointed to prepare an Order, in way of Explanation, concerning an Order made on Tuesday last, concerning Soldiers taking free Quarter without Warrant: And the Care of this Business is more particularly referred to Colonel Birch.

Sweedish Ships.

Ordered, &c. That the Papers now sent from the Lords, concerning the Sweedish Ships, and the whole Business thereupon depending, be referred to the Consideration of the Committee of the Admiralty: And they are to meet upon it To-morrow at Seven of Clock; and to report their Opinions To-morrow.

Answer to Lords.

Answer returned by the same Messengers; That this House hath considered their Lordships Message; and do agree to refer the Papers concerning the Sweedish Ships to the Committee of Admiralty: To the rest of the Message, they will send Answer by Messengers of their own.

Message to be considered.

Ordered, &c. That the Particulars of this Message be taken into Consideration on Tuesday Morning next; the next Business after the Report of the Propositions.

Rising of the House.

Resolved, &c. That this House doth Declare and Order, That Mr. Speaker do, as he ought, observe the former Orders made concerning the House's rising at Twelve of Clock.