House of Commons Journal Volume 5: 18 January 1647

Die Lunæ, 18 Januarii, 1646.

Prayers.

Suffering Members.

MR. Recorder reports the State of the Cases of Mr. Holles, Mr. Selden, Mr. Longe, Sir John Eliott, Mr. Wm. Strode, Sir Peter Heyman, Sir Miles Hobert, and Mr. Benjamin Valentine, Members of Parliament, in Tertio Car. Regis, touching their extraordinary Sufferings for their constant Affections to the Liberties of the Kingdom, expressed in that Parliament, and afterwards: The which Report was made the 6th and 8th of July 1641. And the Votes passed by the Committee, and then passed in the House, were now again read.

He likewise reported the State of the Case concerning the Losses, Damages, Sufferings, and Imprisonments, sustained and undergone by Mr. Vassall, for denying to pay Tonage and Poundage, not granted by Act of Parliament, in Obedience to a Declaration and Vote of this House.

The Warrant, issued and subscribed by Twelve Privy Counsellors, to summon Nine of the Members of the House of Commons, in the Parliament of Tertio Caroli, to appear before them during the Parliament; viz. Mr. Wm. Strode, Mr. Benjamin Valentine, Mr. Holles, Sir John Eliott, Mr. Selden, Sir Miles Hobert, Sir Peter Heyman, Mr. Walther Longe, and Mr. Wm. Coryton; bearing Date Tertio Martii, Quarto Caroli; and the Names of the Twelve Privy Counsellors that signed this Warrant; were read; the Parliament being adjourned the 2d of March to the 10th of March, and then dissolved.

The Warrants, under the Hands of Sixteen Privy Counsellors, for Committing of Mr. Denzell Holles, Sir John Eliott, Mr. John Selden, Mr. Benjamin Valentine, and Mr. Wm. Coriton, close Prisoners to the Tower; bearing Date Quarto Martii, Quarto Caroli, during the Parliament; were read: And the Names of the Privy Counsellors, that subscribed them, were read.

The Warrants under the Hands of Twenty-two Privy Counsellors, directed to Wm. Boswell Esquire, to repair to the Lodgings of Denzell Holles Esquire; and to Symond Digby Esquire, to repair to the Lodgings of Mr. John Selden; and to Lawrence Whittacre Esquire, to repair to the Lodgings of Sir John Eliott; requiring them to seal up the Trunks, Studies, and Cabinets, or any other Thing that had any Papers in them, of the said Mr. Holles, Mr. John Selden, and Sir John Eliott; were read: And likewise the Names of the Privy Counsellors that subscribed the said Warrants.

A Warrant, under the Hands of Thirteen Privy Counsellors, for the Commitment of Mr. Wm. Strode close Prisoner to the King's Bench, bearing Date Secundo Aprilis 1638, was read: And the Names of the Privy Counsellors that subscribed it.

The like Warrant was for the Commitment of Mr. Walther Longe close Prisoner to the Marshalsea.

The humble Memorial of the Losses, Damages, Sufferings, and Imprisonments, sustained and undergone by Alderman Richard Chambers, for denying to pay Tonage and Poundage, not granted by Act of Parliament, in Obedience to a Declaration and Vote of this House, was this Day read.

Ordered, &c. That it be referred to the Committee for the Members of Tertio Car. where Mr. Recorder hath the Chair, and the Committee of the Navy (joined as to this Business) to consider of the Memorial of the Losses, Damages, Sufferings, and Imprisonments, sustained and undergone by Alderman Richard Chambers, for his denying to betray the Liberty of the Subject in paying the illegal Tax of Tonage and Poundage, not granted by Act of Parliament, in Obedience to a Declaration and Order of this House: And the Committee are to report on Monday Fortnight.

Message to Lords.

Sir Thomas Wrothe went to the Lords with a Message, to desire a Conference, according to the Order on Saturday last.

Answer.

Sir Thomas Wrothe brings Answer, That the Lords will take the Message, carried to them by him, concerning the Ordinances for continuing the Committee and Treasurers of the Army, and for laying Assessments for maintaining the Army under Sir Thomas Fairefaxe, into speedy Consideration; and will send Answer by Messengers of their own.

Sir J. Sidley.

Ordered, &c. That the Committee appointed to consider of the Petition of Sir John Sidley, and of the Business between divers of the Committee of Kent and the said Sir John Sidley shall have Power to use the best Ways and Means they shall think fitting, in their Discretions, to reconcile the Parties, and compose the Differences between them; and make a Conclusion of the Business, without reporting to the House, if they can.

Indemnity.

Ordered, &c. That the Committee, where Colonel Harvey is in the Chair, for Relieving of such Officers and Soldiers as are or shall be molested for what they have done by Authority and Warrant of Parliament, shall have Power, and are hereby authorized, to send for, in safe Custody, all such Persons as shall disobey their Orders, and refuse to appear upon Summons.

Message from Lords.

A Message from the Lords, by Sir Edward Leech and Mr. Page:

The Lords have appointed the Conference desired by this House, concerning the Army, this Afternoon at Four of Clock, by Committees of both Houses, in the Painted Chamber, if it may stand with the Conveniency of this House: And they do desire, that, at the same Conference, they may communicate something concerning the last Conference they had touching Goldsmiths Hall: They desire to put this House in mind of the Petitions of the Lord Edward Pawlett, and of one Mr. Gibons.

Conference agreed to.

Resolved, &c. That the House doth agree to the Conference, desired at Four of the Clock: And that likewise the Lords may then communicate what they desire, concerning the Conference formerly had, touching the Ordinance concerning the Committee at Goldsmiths Hall.

Resolved, &c. That Mr. Reynolds and Mr. Scawen, appointed Managers of the Conference this Afternoon desired by this House, shall be likewise Reporters of that Part of the Conference desired by the Lords.

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

Answer returned by the same Messengers; That this House hath considered their Lordships Message; and do agree to the Conference at the Time desired this Afternoon; and that the Lords may communicate, at this Conference, what they desire concerning the Committee at Goldsmiths Hall: As to the rest of the Message, they will send Answer by Messengers of their own.

Report deferred.

Ordered, &c. That the Report from the Committee concerning Mr. Hill and Mr. Pennoyer, and the Ordinance concerning them, be read, and taken into Consideration, and read on Wednesday Morning next, the first Business, after the Business appointed concerning the Obstructions in Church Government.

Great Seal.

According to the Order on Saturday last, the House went to the Conference concerning the Disposal of the Great Seal of England. After the Conference

Suffering Members.

The House resumed the Consideration of the Report, concerning the Members of Tertio Caroli: And

It is Resolved, &c. That Mr. Holles shall have the Sum of Five thousand Pounds, for his Damages, Losses, Imprisonments, and Sufferings, sustained and undergone by him for his Service done to the Commonwealth in the Parliament of Tertio Caroli.

Resolved, &c. That Mr. John Selden shall have the Sum of Five thousand Pounds for his Damages, Losses, Imprisonments, and Sufferings, sustained and undergone by him for his Service done to the Commonwealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five thousand Pounds be assigned for the Damages, Losses, Imprisonments, and Sufferings, sustained and undergone by Sir John Ellyott, for his Service done to the Commonwealth in the Parliament of Tertio Caroli, to be disposed of in such Manner as this House shall appoint.

Resolved, &c. That the Sum of Two thousand Pounds, Part of Four thousand Pounds paid in to the late Court of Wards and Liveries, by the Heirs of Sir John Elyott, by reason of his Marriage with Sir Daniell Norton's Daughter, shall be repaid to Mr. Ellyott, out of the Arrears of Monies payable into the late Court of Wards and Liveries, before the taking away of the said late Court.

Ordered, &c. That it be referred to the Committee, who brought in this Report, to examine the Decree, made in the late Court of Wards and Liveries, concerning the Marriage of Sir John Ellyott's Heir with Sir Daniell Norton's Daughter; and what Monies was paid by reason of the said Decree; and by whom; and to report their Opinions thereupon to the House.

Ordered, &c. That it be referred to the Committee of the Tower, to examine, After what Manner Sir John Ellyott, came to his Death, his Usage in the Tower, and to view the Rooms and Places where he was imprisoned, and where he died; and to report the same to the House.

Resolved, &c. That the Sum of Five thousand Pounds shall be paid unto the * of Sir Peter Heyman, for the Damages, Losses, Sufferings, and Imprisonments, sustained and undergone by Sir Peter Heyman, for his Service done to the Commonwealth in the Parliament in Tertio Caroli.

Resolved, &c. That Mr. Walter Longe shall have the Sum of Five thousand Pounds paid unto him, for the Damages, Losses, Sufferings, and Imprisonments, sustained and undergone by him, for his Service done to the Commonwealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five thousand Pounds shall be assigned for the Damages, Losses, Sufferings and Imprisonment, sustained and undergone by Mr. Strode Esquire, late a Member of this House, deceased, for Service done by him to the Commonwealth in the Parliaments of Tertio Caroli.

Resolved, &c. That Mr. Benjamin Valentine shall have the Sum of Five thousand Pounds paid unto him, for the Damages, Losses, Sufferings, and Imprisonments, sustained and undergone by him, for his Service done to the Commonwealth in the Parliament of Tertio Caroli.

Resolved, &c. That the Sum of Five hundred Pounds shall be bestowed and disposed of for the erecting a Monument to Sir Miles Hobert, a Member of the Parliament of Tertio Caroli, in Memory of his Sufferings, for his Service to the Commonwealth in that Parliament of Tertio Caroli.

Resolved, &c. That Mr. Samuel Vassall shall have the Sum of Ten thousand Four hundred Forty-five Pounds Twelve Shillings Two-pence paid him, for his Losses and Damages sustained for denying to pay Tonage and Poundage, not granted by Act of Parliament, in Pursuance and Obedience to a Declaration and Vote of this House.

Resolved, &c. That this House doth declare, That they will, in due time, take Mr. Vassall into further Consideration, for his Imprisonment and personal Sufferings.

Resolved, &c. That the Sum of Five thousand Pounds be assigned to be paid, in respect of the Losses, Damages, and Sufferings, sustained by Mr. John Hampden, in opposing the illegal Tax of Ship Money, and for his Service therein to the Commonwealth.

Ordered, &c. That it be referred to the Committee who brought in this Report, with the Addition of the Committee of the Navy, as to this Business, to receive Alderman Fowke's Petition; and examine his Sufferings, Damages, and Losses, sustained for the Service of the Commonwealth; and to report their Opinions thereupon on this Day Fortnight, the first Business.

Ordered, &c. That it be re-committed to the Committee who brought in this Report, to consider, How the several Sums of Money, this Day ordered to be paid for Damages to the several Members and others before named, for their Sufferings in the Service of the Commonwealth, may be raised out of the Estates of such Persons, or their Heirs, as were Actors in, or Causes of, their Sufferings, or in some other Manner; and to report their Opinions thereupon to the House.

Candles.

The Question being put, For Candles to be brought in; . . Passed with the Affirmative.

London Petition.

Resolved, &c. That the Petition and Representation from the City of London, be taken into Consideration on Monday Morning next.

Bishops Lands.

Ordered, &c. That the Petition of the Trustees for the Sale of the Bishops Lands be taken into Consideration To-morrow Morning, the first Business.

Gold's Accompts.

Ordered, &c. That it be referred to the Committee of Accompts, to examine, state, and certify the Accompts of Colonel Wm. Gold, deceased; and what is due to him for his Entertainment in the Parliament's Service.

Bowyer's Accompts.

Ordered, &c. That Colonel Bowyer, a Member of this House, be referred to the Committee of Accompts, to have his Accompts stated and certified.

Grant to Herle.

Ordered, &c. That the Report and Order of this House, of the Two-and-twentieth of August One thousand Six hundred Forty-four, for Payment of the Sum of Three hundred Eighty Pounds Three Shillings and Eleven-pence Halfpeny unto Mrs. Mary Herle, Relict of Captain Nicholas Herle, deceased, be vacated, and made void: And that, in Satisfaction of all Damages in the said Order mentioned, the said Sum of Three hundred Eighty Pounds Three Shillings and Eleven-pence Halfpeny be paid by the Committee at Goldsmiths Hall unto the said Mrs. Mary Herle, or her Assigns, out of the Fine or Composition of Doctor Duck: And that the Acquittance of the said Mary Herle, or her Assigns, shall be a good Discharge to the said Committee, and Treasurers there, for the Payment thereof accordingly.

Grant to Leigh.

Ordered, &c. That the Sum of One hundred Pounds be paid to the Lady Mary Leigh, late Wife of Captain Cheswys, deceased, upon Account, out of the Fine or Composition of Dr. Duck, in Part of such Monies as is due to her late Husband, or either of them, for his Entertainment in the Service of the Parliament: And that the Acquittance of the said Lady Leigh, or her Assigns, shall be a good Discharge to the said Committee, and the Treasurers there, for the Payment thereof accordingly.

Drake's Accompts.

Ordered, &c. That Sir Francis Drake, a Member of this House, be referred to the Committee of Accompts, to have his Accompts stated and certified.

Ordered, &c. That Major Harrison, a Member of this House, be referred to the Committee of Accompts, to have his Accompts stated and certified.

Portsmouth Garison.

Upon Report made by Mr. Stephens, from the Committee of Hants, to whom the Condition of the Garison of Portsmouth was referred;

It is Resolved, &c. That two thousand Pounds, in Part of the Arrears due to the Garison of Portsmouth, be forthwith paid unto Colonel Richard Norton, upon Account, out of the Fines and Compositions of such Delinquents as the Committee of Hants shall nominate unto the Committee at Goldsmiths Hall, as are not particularly assigned: And the Acquittance of the said Colonel Norton shall be a sufficient Warrant and Discharge to the Committee and Treasurers at Goldsmiths Hall, for the said Two thousand Pounds accordingly.

Resolved, &c. That the weekly Allowance of One hundred Sixty and six Pounds be allowed for the Term of Three Months, to be accounted from the Passing of this Ordinance, for the Maintaining of the Garisons of Portsmouth and Hursts Castle, out of the Monies that shall be collected on the Excise within the County of Hants: And the Commissioners of the Excise here in London are hereby required and authorized to give Order and Warrant to their Sub Commissioners in the said County, to make Payment of the said weekly Sum of One hundred Sixty and six Pounds, for the Term aforesaid for the Maintenance of the said Garisons, unto Colonel Richard Norton: And that the said weekly Sum, so paid as aforesaid, be allowed unto the Sub Commissioners in the County, and Commissioners of Excise here, upon the Passing of their Accompts.

The Lords Concurrence to be desired herein.

Ordered, upon the Question, That an Engineer be speedily sent down to view the Works and Fortifications of the Garison of Portsmouth, informed to be very much decayed: And that an Estimate of the Charge of Reparations be forth with returned: And it is referred to the Committee of Hants, to send an Engineer accordingly.

Army Assessments, &c.

Mr. Reynolds reports Reasons to be offered to the Lords, at a Conference, to induce them to pass the Ordinance for continuing the Assessments for Maintenance of Sir Thomas Fairefaxe's Army for Six Months longer, from the First of October last; and likewise the Ordinance for continuing the Committee, and the Treasurers of the Army: The which was read; and, upon the Question, approved of; and were in hæc verba; viz.

Heads for a Conference with the Lords, for passing speedily the Ordinance for Six Months Assessments for the Army upon the whole Kingdom, from the First of October last.

1. THAT the Army hath now continued almost Four Months without any Provision of Money for them: That thereby, for want of Pay formerly, the Army is many Months unpaid, and the Treasure wholly exhausted.

2. That a great Part of the Army is now on Service in the North, and more Forces are to be employed that Way, by the Directions of both Houses, to attend his Majesty's Remove from Newcastle: Which being unpaid, and those Parts extremely wasted, the Non-payment of the Army must of Necessity cause ill Effects in the Army; besides the Oppression of the Countries, by free Quarter, that must be taken on them.

3. That, without passing of this Ordinance, whatever should occur, we cannot expect to procure any Supply of Money, having no other Ground of Credit but the Ordinance now depending.

4. That, in case this Army were now thought fit to be disbanded, great Sums of Money will be needful for that Service; for which there is no visible Means, but by this Ordinance, and the Credit thereof.

5. That by passing this Ordinance, and the Monies to be raised thereupon, there is a Course resolved on by the General, that the Country be paid for their Quarters: Which will be abundant Comfort and Satisfaction to the People.

Reasons to continue the Ordinance for the Committee and Treasurers of the Army.

1. THAT all the Arrears due upon the Ordinances, without the Care and Authority of that Committee, will, undoubtedly, be lost to the State.

2. That there is daily Occasions for making Provisions of Ammunition and Victual for the Army and Garison at Newcastle, &c.

3. That in case the new Ordinance pass, it will be impossible to collect and bring-in the Assessments, and the Arrears of former Ordinances, within less Time than is desired by that Ordinance: Besides, if the Army were to be dissolved, and all Assessments received, the Stating of the Accompts and Reckonings of the Soldiers and Officers of the Army will need the constant Care and Attendance, for a long time, of that Committee and Treasurers.

A Letter from Sir Thomas Fairefaxe General, from Northampton, 15 Januarii 1646, was this Day read; and was ordered to be made use of at this Conference; and delivered accordingly to the Managers.

Mr. Reynolds, Mr. Scawen, are appointed Managers of this Conference.

Thompson's Accompts.

Ordered, &c. That the Certificate of the Accompts of Colonel Thompson be read To-morrow Morning.