House of Commons Journal Volume 5: 20 October 1647

Die Mercurii, 20 Octobris, 1647.

PRAYERS.

Repair of Churches.

ORDERED, That the Ordinance for Repair of Churches be read on Wednesday next, the Day of Publick Humiliation.

Prizes.

Upon Reading and Consideration of the Report from the Committee of Lords and Commons for the Admiralty and Cinque Ports, of 28 Septembris 1647, shewing, That whereas Captain Reeve Williams, and Partners and Owners, did set forth, under Commission of the Admiralty grounded upon an Ordinance of Parliament, a Squadron of Ships, for Surprisal of the Irish Rebels; and that the Ship Charles, one of the said Squadron of Ships so set forth, as aforesaid, being in the said Employment, was cast away off Cape Cleere, on the Coast of Ireland; and the said Captain Reeve Williams did, in the Owners Right, and at their Charge, fit another Vessel, named the Cattte, for pursuance of the said Service, under the Command of Captain Thomas Wells; which Vessel, being so sitted, did take, in the River of Lymerick, one of the Rebels Ports, the St. John Baptist of Lymerick, and the Middleburgh of Middleburgh, both laden with Goods on the Rebels Account; and that, upon the Owners bringing of the said Ships, so taken, to Judgment in the Admiralty Court, they were forced to prosecute their Adjudication in the Name of the State, as a Seizure, for that no particular Commission was obtained for the said Vessel the Catt; which the said Captain Williams, and Owners, could not do, the Vessel being then at Sea, remote from London;

It is Resolved, by the Lords and Commons, That they do think it sit and just; and do so Order, That the said Captain Reeve Williams, and Partners, Owners of the aforesaid Ships, defraying the Charges of Condemnation, satisfying the Mariners, and paying the Tenths to the State, may enjoy the aforesaid Two Prizes: And that the said Two Prizes so taken be delivered to the said Captain Reeve Williams, and Owner, for their Use: And that, in the mean time, the Adjudication be prosecuted in the Admiralty Court, as a Seizure, in the Name of the State.

Absent Members.

Upon Mr. Ball's Report from the Committee of absent Members, of the Causes of the Absence of Mr. Kempe, Mr. Thorpe, Mr. James Nelthorp, Sir Thomas Mauleverer, Sir Richard Haughton, Sir Nevill Poole, Sir Wm. Brereton, Mr. Clement Walker, Mr. Bulkley, and Mr. Packer;

It is Ordered, That the several Fines of Twenty Pounds, deposited by the said Mr. Kempe, Mr. Thorp, Mr. James Nelthorpe, Sir Thomas Mauleverer, Sir Richard Haughton, Sir Nevill Poole, Sir Wm. Brereton, Mr. Clement Walker, Mr. Bulkeley, and Mr. Packer, respectively, be unto them respectively restored.

Leave of Absence.

Ordered, That Mr. Anlaby, a Member of this House, shall have Leave to go into the Country; and to be absent from the Service of the House; notwithstanding the Order requiring the Attendance of the Members on the Third of November next.

Fee Farm Rents.

Ordered, That, To-morrow Morning, Mr. Lilibone Long do make Report concerning Fee Farm Rents.

Manwaring's Petition.

Ordered, That, on Saturday Morning next, the first Business, the Petition and Business concerning Colonel Randall Manwaring, be read, and taken into Consideration.

Propositions to the King.

Upon Mr. Swinfen's Report from the Committee to whom the Consideration of a Proposition concerning Delinquents excepted from Pardon was referred;

It is Resolved, &c. That the Persons expressed and contained in the Three first Qualifications of the Sixteenth Proposition, formerly sent to his Majesty, be proceeded with, as both Houses of Parliament shall think fit or appoint; and shall not be capable of Pardon by his Majesty, without the Consent of both Houses of Parliament.

The Question being put, That the Number of Persons in the First Qualification, that shall expect no Pardon of Life, shall exceed Seven;

The House was divided.

The Yeas went forth.

So that the Question passed with the Negative.

Resolved, &c. That it be declared, That the Houses will not proceed, as to the Taking away of Life of any in the first Qualification, to above the Number of Seven Persons.

The Question was propounded, That the House doth adhere to the Rates and Proportions of Fines set upon Delinquents, expressed or contained within the Fourth Qualification, concerning Delinquents, and the several Branches relating unto it;

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

It passed with the Affirmative.

Resolved, &c. That this House doth adhere to the Rates and Proportions of Fines set upon Delinquents, expressed or contained within the Fourth Qualification concerning Delinquents, and the several Branches relating unto it.

Resolved, &c. That this House doth agree to the rest of the Qualifications, and Branches of the Propositions, concerning Delinquents, as they formerly stood in the Propositions, when they were last sent to the King.

Thornhagh's Claims.

Whereas it appears by a Certificate under the Hand of the Committee of Nottingham, That Colonel Francis Thornhagh hath expended and laid out of his own proper Monies the Sum of One thousand and Thirty Pounds, in the raising a Regiment of Horse for the Service of the Parliament; for which Debt, as yet, he hath received no Satisfaction: It is therefore Ordered and Ordained, by the Lords and Commons assembled in Parliament; and the said Lords and Commons do Order and Ordain, That the said Francis Thornhagh, his Executors, Administrators, and Assigns, shall be satisfied and paid his said Debt of One thousand and Thirty Pounds out of the Rents, Issues, and Profits of the Lands and Estate whatsoever of Thomas Markham, a Papist, who was in Arms against the Parliament: And all Committees and Agents of Sequestration, and all other Officers employed by the Parliament, concerning the Estate of the said Thomas Markham, are to be aiding and assisting unto the said Colonel, for his receiving the said Rents, until the said Sum be fully paid.

The Lords Concurrence to be desired herein.

Maleverer's Petition.

Ordered, That the Committee of the Northern Association, to whom the Petition of Sir Thomas Maleverer is referred, shall have Power, any Five of them, to meet as to that Business.

Army.

Ordered, That Mr. Scawen be heard to make his Report from the Committee appointed to go to the Army, on Saturday Morning next, the first Business.

Propositions to the King.

Ordered, That To-morrow Morning, the first Business, the House do proceed in the Consideration of the Papers, sent from the Lords, concerning the Propositions.

Arms, &c.

Ordered, That, on Friday Morning next, Sir Walter Erle do make his Report concerning the Ordnance, Arms, and Ammunition, that lies dispersed in the Kingdom.

Mayor, &c. of Chester.

An Ordinance for appointing Robert Wright, Alderman of the City of Chester, to be Mayor of the said City; and Wm. Wright and Richard Minshall, Citizens thereof, to be Sheriffs of the same City; for this present Year; the said City continuing so grievously infected with the Plague of Pestilence, as it cannot, without inevitable Danger, meet at the usual Time and Place, to elect a Mayor, Sheriffs, and other Officers of the said City, for this present Year; was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Colonel Edwards is appointed to carry it to the Lords.

Wither's Accompts, &c.

Upon reading the Desires of Major George Wither, contained in his humble Petition;

It is Ordered, That it be referred to the Committee of Accompts, to state his Accompts, and to certify them to the Committee of the Navy: And that such of his Accompts, as are already stated by the Committee of Accompts, he do bring to the said Committee presently; the other, when they shall be stated: And that the Committee of the Navy do consider of the said Accompts so stated, and report the same to the House; and likewise some Way and Means for providing a present Supply for his present Subsistence; and some certain Way for his future Satisfaction: And to this End, that they do consider of some fitting convenient Place for him; and in particular that in the Custom-house at Dover; which there were some Intentions to confer upon one Muddefort.

It is further Ordered, That he the said Major Withers be forthwith discharged from any longer Imprisonment or Restraint, laid upon him by Order of this House.

Message from Lords.

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

The Lords have commanded us to acquaint you, That the French Ambassador is upon his Return into France: That he hath expressed his Civilities to the Houses in the Paper herewith sent. The Lords have made an Order hereupon; in which they desire the Concurrence of this House. They desire to put this House in mind of an Order, formerly sent, concerning the Marquis of Winton.

French Ambassador.

The Order of the Lords, concerning the French Ambassador, was read:

And the Question being put, For concurring with the Lords in the said Order;

The House was divided.

The Yeas went forth.

So that the Question passed with the Affirmative.

Resolved, &c. That this House doth concur with the Lords, That the French Ambassador may have a Pass for his Horses (he giving a Note of the Number of them), and for his Retinue, Bag, and Baggage, to go into France: And that the Committee for the Admiralty do appoint a Ship to transport him: And that Sir Oliver Fleming, the Master of the Ceremonies, do attend him; and provide Coaches and Barges for his Accommodation.

Sir Walter Erle, Sir Robert Pye, Sir Richard Haughton, Sir Symonds D'Ewes, Mr. Bulkeley, and Mr. Boscawen, are appointed to meet with the Three Lords appointed by their Lordships to give the French Ambassador a Visit before he goes; and to with him a good Journey.

Marquis of Winton.

Resolved, &c. That this House doth agree with the Lords, That the Lord Marquis of Winton shall have Three Months Time enlarged unto him, from the Expiration of the Time already granted, upon his former Security given to the Lieutenant of the Tower, for the Recovery of his Health, and his Lady's.

Answer to Lords.

Answer returned by the same Messengers: And this House has considered their Lordships Message: And do agree with the Lords in the Order made, concerning the French Ambassador; have appointed a proportionable Number to go visit the French Ambassador: And do agree to the Order formerly sent, concerning the enlarging the Time of Bail to the Marquis of Winton.

Comptroller of Customs at Milford.

An Ordinance for appointing Mr. George Powell, of Pembroke in the County of Pembroke, Gentleman, Comptroller of the Customs in the Port of Milford cum membris, and for passing the said Grant under the Great Seal, was this Day read; and upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Relief of Tenants.

Ordered, That the Ordinance in Mr. Swynfen's Hands, for the Relief of such Tenants, who have expressed their Affections to the Parliament, against the Oppressions of their Delinquent Landlords, be read To-morrow Morning, the first Business.

Privilege-Arrest of a Witness.

Ordered, upon the Question, That Mr. Hugh Hubbert, who, upon the Five-and-twentieth Day of May last, was by Order of a Committee of this House, summoned and required to attend the said Committee; and, either coming to, attending upon, or returning from the said Committee, was the same Day arrested by the Bailiff of Westminster, his Deputy or Deputies, at the Suit of Mr. Samuell; and hath ever since, and doth still remain a Prisoner; be forthwith discharged from the said Arrest, and from all Imprisonment or Restraint thereupon occasioned, in the King's Bench: And the said Bailiff of Westminster, his Deputy and Deputies, and the Marshal of the King's Bench, his Deputy and Deputies, are hereby required and enjoined forthwith to discharge the said Hugh Hubbert from the said Arrest, Imprisonment, and Restraint.