House of Commons Journal Volume 5: 21 December 1647

Die Martis, 21 Decembris, 1647.

PRAYERS.

Delinquents.

MR. John Ashe reports divers Fines and Compositions from the Committee at Goldsmiths Hall: Whereupon it is resolved, as followeth; viz.

Resolved, &c. That this House doth accept of the Sum of Seven hundred and Fourteen Pounds, for a Fine, for the Delinquency of James Longe, of Daycott in the County of Wiltes, Esquire: His Offence, That he was in Arms against the Parliament: He rendered upon the Articles of Oxford, and is to have the Benefit thereof: His Estate, in Fee, per Annum, Two hundred Eighty-nine Pounds Thirteen Shillings Four-pence; in Old Rents per Annum, Thirty-two Pounds Seven Shillings; dry Rents, per Annum, Nine Pounds Thirteen Shillings Four-pence: Out of which issues, for ever, per Annum, Nine Pounds; for One Life, per Annum, Sixty Pounds: Which, being allowed, leave the Fine, at a Tenth, Seven hundred Fourteen Pounds.

Provided likewise, That if the said James Longe, have heretofore, or shall at any time hereafter, revoke or release One Bond, bearing Date the Twelsth of May 1640, wherein Wm. Courtin Esquire, together with John Earl of Bridgwater, and Sir Edward Littleton Knight and Baronet, stand bound unto the said James Long in the Sum of One thousand Pounds, for the Payment of Five hundred and Twenty Pounds of lawful Money of England upon the Fourteenth Day of November then next following; and One other Bond, bearing Date the Fifteenth of March 1640, wherein Sir Edward Heron, of Cressy Hall in the County of Lincoln, Knight, together with Sir John Brook Knight, Sir Wm. Killegrew Knight, Edward Heron, late of Lincolne's Inn, Esquire, Henry Killegrew Esquire, George Bampfield Esquire, Edward Reade, of London, Esquire, and Richard Lygon, of London, Gentleman, stand bound in the Sum of Four hundred Pounds, for the Payment of Two hundred and Eight Pounds, upon the Seventeenth Day of September then next following (which said Bonds have been ordered and allotted unto John Dove of Salisbury in the County of Wiltes, Esquire, for and towards the Reparation of his Losses and Damages, sustained by the means of the said James Long, and others, then actually in Arms against the Parliament; which said Bonds were discovered unto the House of Commons the Two-and-twentieth of April 1646): That then this present Composition, made with the said James Long, shall be null and void.

An Ordinance for granting a Pardon unto James Long, of Draycott in the County of Wiltes, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed, and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Two thousand Seven hundred Eighty-two Pounds, for a Fine, for the Delinquency of Dame Joane Boteler, the Relict of Sir Wm. Boteler, of Teston in the County of Kent, Knight and Baronet, deceased, and Mother and Guardian to Sir Oliver Boteler, Son and Heir of her late Husband, of the Age of Ten Years, for whom she desires to compound, to clear his Estate from Sequestration: The Offence was in Sir Wm. Boteler the Father, for that he left his Habitation in Kent, and went into Oxford, when it was a Garison held against the Parliament, and resided there; where, about August 1644, he died: Sir Wm. died seised of an Estate, in Fee, of the Value of One thousand Four hundred Twenty Pounds Seven Shillings Two-pence per Annum, charged with One thousand Four hundred Thirty-two Pounds Fourteen Shillings Ninepence; for Non-payment whereof, the Mortgagees have entered upon Part of the said Estate; and of a further Estate for Ten Years to come, of the Value of Three hundred Thirteen Pounds per Annum: Out of which Estate issues, for ever, per Annum, Sixty-three Pounds Fifteen Shillings; and for One Life, per Annum, Sixty-five Pounds: Which leaves the Fine, at a Tenth, Two thousand Seven hundred Eighty-two Pounds.

An Ordinance, for granting a Pardon unto Dame Joane Boteler Widow, &c. as aforesaid, for the Delinquency of Sir Wm. Boteler, on the Behalf of Sir Oliver Boteler an Infant, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

An Ordinance for granting a Pardon unto Sir Richard Norton, and John Norton Gentleman, Sons of Sir Richard Norton late of Rotherfield, in Com' Southampton, Knight and Baronet, for their Delinquency, and for taking off the Sequestration of their Estates, 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 Sum of One hundred and Twenty Pounds, for a Fine, for the Delinquency of Cuthbert Ogle, of Whiston in the County of Lancaster, Gentleman: His Offence, That he was in Arms against the Parliament: He rendered before the First of May: His Estate, in Fee, per Annum, Fifty Pounds; more, in Two Mills, per Annum, Sixteen Pounds: But it appears that One of these Mills are burnt; and therefore, the Fine, at a Sixth, is One hundred and Twenty Pounds.

An Ordinance for granting a Pardon unto Cuthbert Ogle, of Whiston in the County of Lancaster, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of One thousand Five hundred Pounds, for a Fine, for the Delinquency of Sir Humfrey Tracy, of Bovey Tracy in the County of Gloucester, Baronet: His Offence, That he hath been in Arms against the Parliament, and a Commissioner for the Enemy: That he hath an Estate, in Fee, of Five hundred One Pounds Twelve Shillings Eight-pence per Annum; and, in Right of his Wife, Five hundred Thirty-three Pounds per Annum; and, in Reversion, after his Mother's Decease, Three hundred Fifty Pounds per Annum: Out of which there is issuing Two hundred Pounds per Annum, Annuity to his Brother; Fee Farm Rent to the Crown, Five Pounds Four Shillings Two-pence Halfpeny; and to Jesus College in Oxford, Thirty Pounds Two Shillings Four-pence: Which, being allowed, leaves the Fine to be One thousand Five hundred Pounds.

An Ordinance for granting a Pardon unto Sir Humfrey Tracy, of Bovey Tracy in the County of Gloucester, Baronet, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of One hundred and Fifteen Pounds, for a Fine, for the Delinquency of Thomas Redshaw, of Rippon in the County of York, Alderman: His Offence, That he adhered unto and assisted the Forces raised against the Parliament: He rendered before May 1646: His Estate, in Fee, per Annum, Twelve Pounds; for Three Lives, per Annum, Nineteen Pounds Six Shillings; more for One Life, Ten Pounds Ten Shillings; for Ten Years per Annum, Four Pounds Six Shillings; personal Estate, One hundred Pounds: For which the Fine, at a Sixth, is One hundred and Fifteen Pounds.

An Ordinance for granting a Pardon unto Thomas Redshawe, of Rippon in the County of York, Alderman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Ordered, That the Two Bonds belonging to James Long, of Draycott in the County of Wiltes, Esquire, and excepted and recited in the Ordinance of the Composition of the said James Longe, be referred to the Committee of Haberdashers Hall; for the speedy Recovering of the Money due upon the said Bonds, to and for the Use of John Dove Esquire; unto whom the same are allotted and ordered, for and towards his Losses and Damages, sustained by the means of the said James Longe, and others, then actually in Arms against the Parliament; being long since discovered by the said John Dove, as appears by a former Order of this House, bearing Date the Two-andtwentieth of April 1646.

Unauthorized Printing.

Ordered, That it be referred to the Committee for Printing, where Mr. Challoner has the Chair, to send for Bostock and Walkeley, and all others who have printed the Scotts Papers, intituled, "An Answer to the new Propositions;" and to know, By what Authority they printed the same; and to proceed with them in such manner as they shall think fit, according to the Power granted to that Committee.

Ordered, That Mr. Gilbert Mabbott be referred to the Committee for Printing, to examine, By what Authority he has licensed a Book, intituled, "His Majesty's Declaration."

Free Quarter.

Ordered, That this House do proceed in the Business concerning the taking off Free Quarter: And that no other Business do intervene: And that the House do consider of, or entertain, no other Business, till that be determined.

Message from Lords.

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

The Lords have dispensed with the Earl of Shrewsbury, and his Countess, to stay in Town; his Lordship having Leave granted him by their Lordships to go to the Spaw, and remain here only till he can fit himself for his Journey, by dispatching some urgent Businesses, whereof some are Law Suits: His Lordship hath no Habitation left him in the Country; all his Houses being demolished by the King's Forces: The Lords have likewise dispensed with the Lord Peters, because his Houses are under Sequestration, and none of them for his Use: His Lordship is likewise to attend divers Committees of Lords and Commons for Sequestrations, and the Committee of the Revenue for his Arrears due to the Court of Wards: In both which, concerning the Earl of Shrewsbury, and the Lord Petre, they desire the Concurrence of this House.

They desire the Concurrence of this House, in an Order herewith sent, for his Majesty's Solicitor General to sign a Warrant for a Writ of Error to be allowed, for the Reversing of an Outlawry upon an Indictment for a supposed Murder, committed about Fourteen Years since, by Lieutenant Colonel Edward Andrewes; that thereby he may be admitted to come to a legal Tryal by his Country.

Answer.

Resolved, &c. That the Answer to this Message shall be, That this House will send Answer by Messengers of their own.

Message from Lords.

A Message from the Lords, by Dr. Aylett and Mr. Eltonhead;

The Lords have commanded us to bring unto you an Order concerning Mr. Anthony Fortescue, grounded upon a Report from the Committee of Lords and Commons for the Admiralty and Cinque Ports: In which they desire the Concurrence of this House:- A Report from the same Committee, for a Commission of Oyer and Terminer for Piracy; with an Order thereupon: In which the Lords desire the Concurrence of this House.

Pretended Agent from Lorraine.

The Order concerning Mr. Anthony Fortescue was read; and, upon the Question, assented unto; and was in hæc verba; viz.

Ordered, by the Lords and Commons, assembled in Parliament, That Mr. Anthony Fortescue, pretended Agent to the Duke of Lorraine, shall depart out of this Kingdom within Ten Days, or else to be proceeded against according to Law.

Piracy.

Upon a Report from the Committee of Lords and Commons for the Admiralty and Cinque Ports, of the Tenth of December 1647, this Day sent from the Lords;

It is Resolved, &c. That this House doth concur with the Lords, in approving of the said Order of the said Committee, of 10 Decembris 1647: And that a Commission of Oyer and Terminer, for Piracy Causes, be issued out, under the Great Seal of England, to such Commissioners as the Committee of the Admiralty shall nominate.

Army Arrears.

Resolved, &c. That an Ordinance be forthwith prepared and brought in, for passing and making over the Security formerly granted to the Soldiers for their Arrears.

Sir Thomas Widdrington, Mr. Lane, Mr. Samuell Browne, Mr. Whitelock, or any Two of them, are appointed to prepare and bring in this Ordinance: And the Care of this Business is more particularly referred to Mr. Lane.

Resolved, &c. That the same Rules and Proportions be observed in the stating and auditing the Accompts and Arrears of the Supernumeraries now to be disbanded, as are appointed by Votes, of 23 Octobris, 1647, to be observed in the Auditing and Stating of the Accompts and Arrears of the Forces of the Army.

Resolved, &c. That a Registry of Debentures be kept in the several Counties of the Arrears that shall be stated to be due unto the Soldiery in the respective Counties, upon their Disbanding: And that Registers be appointed in the several Counties, for inregistering the said Debentures in the respective Counties.

Resolved, &c. That the Persons nominated Commissioners in the several and respective Counties, in the Ordinance for the monthly Assessments of Sixty thousand Pounds, or any Three of them, in the several Counties, be the Persons that shall be authorized to state and audite the Accompts and Arrears of the Supernumeraries to be disbanded, and to give Debentures, and to inregister the said Debentures, and to return Duplicates of the said inregistered Debentures, under their Hands, to this House.

Ordered, That it be referred to the Committee of the Army, to bring in an Ordinance or Ordinances upon these Votes; with a Proviso, That, if any Surcharge can be brought upon any particular Accompt, within Two Years, after the particular Debenture given, that Desalcation be made for so much, accordingly.

Indemnity, &c.

Ordered, That the Committee of the Army, together with the former Ordinances, do bring in the additional Ordinance of Indemnity in their Hands.

Colonel Birch, Mr. Ellys, Mr. Rich. Sallwey, Mr. Knightley, Colonel White, Major General Skippon, Sir Wm. Allenson, Mr. Annesley, Sir Edward Hungerford, Sir Robert Pye, Mr. Rose, Sir Wm. Massam, Mr. John Corbett, Sir Thomas Dacres, Mr. George Fenwick, Mr. Richard Darley, Colonel Harvey, Mr. Holland, Colonel Thompson, Mr. Priesly, Sir Thomas Cheek, Sir Martin Lumley, Mr. Stapilton, Sir John Francklyn, Mr. Nicholas, Mr. Swinsen;

This Committee, or any Three of them, are appointed to report the several Ordinances and Declarations passed concerning Indemnity, maimed Soldiers, Widows and Orphans of Soldiers slain in the Service of the Parliament, Apprentices, and Freedom from Pressing: And, if these Particulars be not sufficiently provided for by the said Ordinances, that they do prepare One or more Ordinance or Ordinances, for Supply of such Defects as they shall meet with in the said Ordinances: And the Care of this Business is more particularly referred to Colonel Birch: And they are to meet this Afternoon at Two of Clock, in the Duchy Court; and so de die in diem.

Army Pay.

Resolved, &c. That Two Months Pay be paid to the supernumerary Forces, that are to be disbanded, upon their Disbanding.

Mr. Pierrepoint, Mr. Hodges, Mr. Swynfen, Mr. Scawen, Sir Tho. Dacres, Colonel White, Mr. Nath. Fienis, Colonel Venne, Mr. Leman, Colonel Birch, Mr. Sallwey;

Army Arrears, &c.

This Committee, or any Three of them, is appointed to prepare and bring in a Proposition upon these Three Heads; viz. For bringing in Six Months Arrears of the monthly Assessments of Sixty thousand Pounds, at One Payment: To declare herewith, That Free Quarter shall thereupon immediately be taken off; and that the Three Months Assessment shall be freely remitted: And they are to bring in this Business this Afternoon at Two of Clock.

House to meet P.M.

Ordered, That this House do meet this Afternoon at Two of Clock.

Free Quarter.

Mr. Hodges reports, from the Committee, a Declaration concerning the Taking off of Free Quarter: The which was first read over twice; and then voted, Clause by Clause, and some Amendments made at the Table; and, upon the Question, passed; and is ordered to be sent unto the Lords for their Concurrence.

The Declaration followeth, in hæc verba; viz.

WHEREAS an Army, and many other great Forces, have of Necessity been raised, and kept up, for the Security and Service of this Kingdom; and for Want of Payment of the said Army and Forces in due Manner, they have been necessitated to take and live upon Free Quarter, in the several Places and Countries of this Kingdom, to the great Charge and Burden of the said Places and Counties, where they have been so quartered, for many Months last passed: And though the Parliament, for the Prevention of that, and other Inconveniencies, and paying the said Forces, do think fit to lay an Assessment of Sixty thousand Pounds per mensem, to have Beginning at the Twenty-fifth of March last past; (which said Assessment is now Nine Months behind, and in Arrear, so as the Forces, unnecessarily kept up, could not be disbanded, nor the Standing Army paid; which hath, for a long Time, enforced and caused the Taking of Free Quarter): The Lords and Commons, assembled in Parliament, taking into their serious Consideration, How, for the present, the Kingdom may be eased of so great a Burden, and that Free Quarter may be prevented for the Time to come, have thought it necessary, that a proportionable Sum of Money be presently raised, and paid, for the Paying of those Forces that are to be disbanded, and the future Provision of the Army, that no more Free Quarter may be hereafter taken by them; and do therefore Order and Declare, That, for the Purposes aforesaid, the full Sum of Six Months Assessments, of the Sixty thousand Pounds per mensem, of the Nine Months now behind, and in Arrear, be levied and paid by the Fifteenth Day of January next; and paid, in ready Money, to the Treasurers at Wars, without any Defalcation. And, upon the speedy Payment thereof, the said Lords and Commons do further Order and Declare, That the last Three Months of the said Nine Months, now in Arrear, shall be, and is hereby Ordered and Declared to be, remitted and taken off; and the said Charge of that monthly Assessment to proceed on from the Twenty-fifth of December instant, for the constant Pay of the continuing Army. And the said Lords and Commons do further Order and Declare, That the said several and respective Places and Counties shall, from the Time of the Payment of the said Six Months Assessment, be forthwith discharged of Free Quarter, by disbanding of those Forces which are not to be kept up, and by the Withdrawing of all other Forces into Towns and Garisons; so as for the future it may be, and it is hereby Provided and Ordained, That no Officer or Soldier shall enter into the House of any Person or Persons, who shall duly pay their Assessments, within the Kingdom of England, and Dominion of Wales, without his Consent; (except Inns, Taverns, Victualling Houses, or Alehouses) nor shall take any Money, Victuals, or other Provisions for Horse or Man, without Consent of the Owner, and due Satisfaction given unto him for the same: But that the said Officers and Soldiers do make their own Provisions, out of their Pay allowed to them by the State. And the said Lords and Commons, upon the Consideration of the Orders and Declarations aforesaid, do expect a ready Compliance hereunto, by all and every the respective Counties, Cities, and Towns, within this Kingdom, and Dominion of Wales; in regard they find it impossible to discharge them of the Burden of the Forces remaining upon them, that exceed the Establishment of the Army, and to ease the People of that pressing Grievanee of Free Quarter, without a Performance of the Payment of the Sums and Assessments as aforesaid.

Indemnity.

An Ordinance for impowering a Committee in the County of Kent, to put in Execution the Ordinances of Indemnity, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Resolved, &c. That the Knights and Burgesses of the several Counties, Cities, and Places, do bring in the like Ordinances, for impowering Committees in their respective Counties, for putting in Execution, in the said Counties, the several Ordinances for Indemnity.

Resolved, &c. That this House doth declare, That the Committee of Lords and Commons for Indemnity have as full Power, to all Intents and Purposes, to act upon, and put in Execution the additional Ordinances of Indemnity, as they have to act upon, and put in Execution the first Ordinance of Indemnity.

Ordered, That the Lords Concurrence be desired herein; to declare the like.

Free Quarter, &c.

Ordered, That, To-morrow Morning, the first Business, the House do proceed in the Consideration of the Report concerning the taking off Free Quarter, and Disbanding of Supernumeraries: And that, according to former Order, no other Business do intervene, till this be determined.