House of Commons Journal Volume 6: 14 March 1649

Die Mercurii, 14 Martii, 1648.

Leave of Absence.

ORDERED, That Sir John Potts have Leave, for his Health-sake, to go beyond Sea for Six Months.

Letter, &c. read.

A Letter from the Parliament of Scotland, dated at Edinburgh, 6 Martii 1649, wherein a Duplicate of the Paper, of the Twenty-fourth of February, given in by their Commissioners, was inclosed, was this Day read.

Ordered, That it be referred to the Council of State, to take Consideration of the said Letter and Duplicate; and what is fit to be done thereupon.

Wales Circuit.

Ordered, That John Norbury Esquire shall go, as a Judge, the Circuit in Wales.

Army.

Mr. Scott reports from the Council of State, in pursuance of their Order of the Ninth of March, concerning the Modelling of the Forces that are to go into Ireland; They have conferred with the General about it: Who hath since consulted with his Council of War, and returned their Opinion, That those Forces would best be modelled to the Advantage of the Service of the Commonwealth, if the Commander in Chief for those Forces were first named: Which the Council taking into serious Consideration, and finding it a Business of Weight, have thought fit to represent the same to the House, to desire them to declare their Pleasure concerning the Nomination of the Commander in Chief: Which being determined, the rest of the Work will proceed with more Effect and Expedition.

Ordered, That it be referred back to the Council of State, to take the same into Consideration; and the whole Affairs of Ireland, concerning the Forces to be sent thither; and how they shall be commanded in Chief; and what is fit to be done on the whole Business; having respect to the Safety of England; and to order it accordingly.

Ordered, That it be referred to the Council of State, to consider of the Matter concerning the Civil Government of Ireland; and to propound their Opinion therein to the House.

Abolishing House of Peers, &c.

Ordered, That the two Acts touching Abolishing of the House of Peers, and for taking away Kingship, be reported on Friday Morning next: And the especial Care hereof is referred to Mr. Lysle.

The Serjeant attending this House is to give Mr. Lysle Notice hereof.

Westminster Militia.

An Act for settling the Militia of the City of Westminster, and Liberties thereof, and of all the Parishes, and Places adjacent, of the County of Middlesex, within the weekly Bills of Mortality, and late Lines of Communication (except the Hamlets of the Tower), was this Day read the First and Second time.

And the Question being put, for committing the said Act;

It passed in the Negative.

And a Proviso offered at the Table, That the Continuation thereof may be for Six Months only;

And the Question being propounded, That a Proviso be added, in these Words, "Provided always, That this Act shall continue in Force for Six Months;"

The Question being put, That that Question be now put;

It passed with the Negative.

Resolved, &c. That the Proviso be added, in these Words, "Provided always, That this Act shall continue in Force for One whole Year, from the Fourteenth of March 1648, and no longer."

And the said Act, with that Proviso, being put to the Question, was ordered to be ingrossed.

Adjournment.

Resolved, &c. That Mr. Speaker, at the Rising of the House To-day, do adjourn till Friday Morning.

Dissents to Vote 5 Dec.

Ordered, That the Committee concerning the Members who have not entered their Dissent or Disapproval to the Vote of the Fifth of December last, do report, on Friday Morning, concerning such as have tendered them Satisfaction.

Declaration of Parliament.

Ordered, That Mr. Whitlock be injoined to bring in the Declaration to satisfy the Kingdom, touching the Proceedings of the Parliament, on Friday Morning next.

Dean and Chapters Lands.

Ordered, That the Committee for Dean and Chapters Lands sit To-morrow at Goldsmiths Hall, at Nine of the Clock in the Morning.

Fee-farm Rents.

Ordered, That the Committee appointed for Sale of the Fee-farm Rents, lately belonging to the Crown, and Duchy of Lancaster, do forthwith prepare the Act; and bring it in with all Speed: And Mr. Clement and Mr. Garland are to have an especial Care hereof.

E. India Company;

Upon the humble Petition of the Governor and Company of Merchants, London, trading into the East Indies.

It is Ordered, That the Commissioners of the Customs do permit and suffer the said Governors and Company, to pass and transport, upon the Ships named the Eagle, Ruth, and Anne, ready to set sail to the East Indies, Foreign Coin, and Bullion, to the Value of Threescore and Five thousand Pounds.

Prince Elector.

Sir Henry Myldmay reports from the Council of State, That the Prince Elector intends to begin his Journey, on Thursday next, towards his own Country.

Ordered, That the Earl of Denbigh, Sir Henry Myldmay, Mr. Heveningham, Sir Gregory Norton, Mr. Feilder, Mr. Trenchard, and Mr. Challener, together with the Master of the Ceremonies, do attend the Prince Elector to Gravesend: And that the Committee of Revenue do take care of Provision of Barges for that Service: and for Payment of the Charge of the said Barges.

Ordered, That Mr. Speaker, with some other Members of this House, do wait on his Highness the Prince Elector, by the Command of this House, to take Leave of him: And that the Members do meet at Mr. Speaker's House, To-morrow Morning at Nine of the Clock, for that Purpose.

Delinquents Fines.

Ordered, That the Monies raised by the Fines set upon the Persons which made the Mutiny in the Isle of Wight, ordered to be paid to the Sheriff of Southampton, and, by an Order of the Twenty-ninth of February 1647, to be paid to Colonel Hamond, shall be paid, by the said Sheriff, to Major Rolfe, and Mr. Thomas Bournman, instead of Colonel Hamond.

Upon the said Major Rolfe and Mr. Thomas Bourman's Acquittance, testifying the Receipt thereof, the Committee of the Revenue are to take Notice of the Payment thereof; and to give Discharge to the Sheriff for the same accordingly.

Justices to take Oaths.

Ordered, That a Letter be prepared, to be signed by Mr. Speaker, and sent to the Sheriffs of the several Counties, requiring them to give personal Notice to all the Justices of the Peace in the several Counties, who have not taken their Oath, to make their Appearance at the next Quarter Sessions, and take their Oaths: And that the Clerk of the Peace of the several Counties do presently thereupon certify the Names of all those Persons who are named as Justices of the Peace in the last Commission, that shall neglect to take their said Oaths: And that the Commissioners for the Great Seal do take care to send down the Commissions, with Dedimus' accordingly: And Mr. Miles Corbett, and Mr. Love, are to prepare a Letter accordingly.

Guernsey.

Ordered, That the Business concerning the Isle of Gernsey be taken into Consideration This-day-sevennight.

Scarborough Excise.

Ordered, That it be referred to the Committee of Excise, to respite the Collecting of the Excise, arising in the Town of Scarborough, during the time of the Siege there.

Private Business.

Resolved, &c. That no private Business shall be taken into Consideration in the House, a Fortnight next coming.

Mr. Foxley.

Ordered, That the Report for Mr. Foxley be made on To-morrow-fortnight.

Mr. Fitz-James.

Ordered, That Mr. Trenchard do make the Report on the Behalf of Mrs. Johane Fitz-James, To-morrowfortnight.

Delinquents.

Sir Arthur Haslerigg reports from the Committee appointed for drawing up the Act touching Delinquents, the Resolutions of the said Committee, in hæc verba; viz.

Resolved, That the Earl of Winchester, Matthew Wren, Sir John Stowell, David Jenkins, who were formerly excepted for Life, and are now in Custody, be presented to the House, for their Resolution, Whether these Persons shall be proceeded with by way of Tryal for Life, perpetual Imprisonment, or Banishment, or Confiscation.

Resolved, That the Number, presented to the House, to be banished and confiscate, shall be Twelve, and no more.

Resolved, That the Persons hereafter named shall be the Twelve, to be presented to the House, to be so banished and confiscate.

Charles Stuart, Eldest Son to the late King, James Stuart, Second Son of the late King, supernumerary.

John Earl of Bristol, Wm. Earl of Newcastle, Sir Wm. Widdrington, Geo. Lord Digby, Sir Philip Musgrave, Sir Marmaduke Langdale, Sir Richard Greenvile, Sir Francis Doddington, Earl of Worcester, Sir John Winter, Sir John Culpepper, Sir John Byron.

Resolved, That all such as have had a Hand in plotting, designing, and assisting, the Rebellion in Ireland, shall be excepted from Pardon.

Resolved, That the Twelve before named, and all such as have been acting in the plotting, designing, or assisting in, the Irish Rebellion, shall be proscribed, as Enemies and Traitors to the Commonwealth; and shall die without Mercy, wheresoever they shall be found within the Limits of this Nation: And their Estates shall be confiscate, and forthwith employed for the Use of the Commonwealth.

Resolved, That Sir John Winter shall have convenient Time to depart into any Foreign Parts.

Rules for Compositions.

Resolved, That all other Delinquents, Members of this Commonwealth, not comprehended in the former Exceptions, shall be admitted to compound, according to the Rules and Limitations hereafter expressed.

Resolved, That the Time for the coming in of all Delinquents within the Land, whose Habitations are within Fourscore Miles of London, to file their Petitions and Particulars, shall be before the Twentieth of April next; and for all others residing at a further Distance, before the Third Day of May.

Resolved, That the Times for perfecting their Compositions; that is to say, for submitting to their Fines, and paying one Moiety, and securing the Remainder at Three Months Day; shall be Six Weeks, from the respective Days before limited for filing their Petitions and Particulars.

Resolved, That the Time for the coming in of all Delinquents now beyond Seas, and out of this Land, shall be the First of June next, for the Filing of their Petitions and Particulars: and Six Weeks after, for the Perfecting of their Compositions, as is before expressed.

Resolved, That the Rents and Profits of all sequestred Estates (except the Persons before excepted), growing due at Our Lady-day next, shall be stayed and detained in the Tenants Hands until the First Day of June next.

Resolved, That the Estates of all such Persons who shall neglect to render themselves, and submit to their Composition, at the respective Times before limited, shall be confiscate, and converted to the Use of the Commonwealth.

Resolved, That Delinquents who were formerly excepted from Pardon, by their particular Names or Titles, who have not been formerly, but now are, admitted to Composition, (except such as have already compounded), shall pay one full Moiety of the true Value of their Estates.

Resolved, That all Papists that have been in Arms, or that have adhered unto or assisted the Forces raised against the Parliament (except such us are by Name excepted from Pardon, or that have had any Hand in the plotting, designing, acting, or assisting the Rebellion in Ireland), shall, if they render themselves, and perfect their Compositions, within the respective Times herein before limited, have Liberty to compound for their Delinquency, paying one full Moiety of their whole Estates: Nevertheless the Two Third Parts of such Estates, after they have compounded, shall continue to the Use of the Commonwealth, according to the Statute.

Resolved, That all Papists that have been in Arms, or that have adhered unto or assisted the Forces raised against the Parliament (except such as are by Name excepted from Pardon, or that have had any Hand in the plotting, designing, aiding, or assisting, the Rebellion in Ireland), shall, if they render themselves, and perfect their Compositions, within the Times herein before limited, have Liberty to free one Third Part of their Estates from Sequestration, paying one full Part of Three for the same; and the other Two Parts shall continue and be employed to the use of the Commonwealth.

Resolved, That all such Delinquents as have been Members of either House of Parliament, and all Judges, Officers towards the Law Common or Civil, and all Serjeants, Counsellors, and Attornies, Doctors, Advocates, Proctors of the Law Common or Civil, and all Bishops, Clergymen, Masters and Fellows of any College or Hall, in either of the Universities, or elsewhere; and all Masters of Schools or Hospitals; as also Humphry Bennett Esquire, Sir Edward Ford, Sir George Vaughan; and all other the Persons named, in the Fourth Qualification of the Propositions sent to Hampton Court, to pay one Third (except such of the said Persons as were included in any Articles, whereof they have the Benefit); shall pay one full Third Part of the true Value of their Estates.

Resolved, That all such as were Servants in Ordinary to the late King, Queen, or Prince, and not engaged in any Command, or military Service, or have not voluntarily contributed to the Maintenance of the late War against the Parliament, shall pay one full Tenth Part of the true Value of their Estates.

Resolved, That all other Persons Delinquents, not included in any the former Qualifications, shall pay one full Sixth Part of the true Values of their Estates.

Resolved, That all Persons who have formerly compounded, and have concealed or undervalued any Part of their Estates, and shall themselves discover it before the First Day of June next, shall be admitted to compound for the same, at the same Rate for which they did compound for the other Part of their Estates: But if any such Concealment or Undervalue shall be hereafter discovered by any other Person, before the Delinquent himself discover the same, and shall not be compounded for within the Times herein before limited, according to the Rate heretofore imposed by Order of Parliament, upon such Discoveries; that then such Estate which is concealed, or so much as appears to be above the Value compounded for, shall be forfeited to the Commonwealth.

Resolved, That all such Persons, &c.

This Report was re-referred, by an Order of this Day, and delivered back to the same Committee that brought it in.

* * * *

The Question being put, That the Marquis of Winchester be proceeded against for Life;

It passed with the Negative.

The Question being put, That Matthew Wren be proceeded against for Life;

It passed with the Negative.

Resolved, &c. That Sir John Stowell Knight be proceeded against for Life, in the Upper Bench.

Resolved, &c. That David Jenkin be proceeded against to a Tryal for Life: And that the Judges in that Circuit in Wales be required to proceed to an Indictment against him, in the proper County, this next Assizes: And that Mr. Love do give them Notice hereof.

The Question being propounded, That, of the Prisoners of War, now in Custody, none shall be proceeded against, as to Life, besides Sir John Stowell Knight, and David Jenkin, who are referred to be proceeded against by Tryals at Law; and except such as are appointed to be tried, or are tryable, by a Court Martial, for Revolts either by Land or Sea;

The Question was put, Whether there should be any Addition to this Question: And

It passed in the Affirmative.

And the Question being propounded, That these Words; viz. "and except such as have held out any Castle, Fort, or Island against the Parliament, since the First Day of March Instant;"

It passed with the Affirmative.

The Question being propounded, That Browne Bushell be one of the Persons excepted, to be tried as for Life;

The House was divided.

The Yeas went forth.

So it passed with the Affirmative.

Resolved, &c. That, of the Prisoners of War, now in Custody, none shall be proceeded against, as to Life, except Sir John Stowell Knight, and David Jenkin, who are referred to be proceeded against by Tryals at Law; and such others as are appointed to be tried, or are tryable, by a Court Martial, for Revolts either by Land or Sea; viz. Major General Langhorne, * Powell, * Poyer, * Linden and Browne Bushell; and except such as have held out any Castle, Fort, or Island, against the Parliament, since the First of March instant.

Ordered, That the Marquis of Winchester, and Matthew Wren, late Bishop of Norwich, be kept in Prison until the House shall take other Order.

Resolved, &c. That the Marquis of Winchester be excepted from any Composition for his Estate.

Resolved, &c. That Matthew Wren, late Bishop of Norwich, be excepted from any Composition for his Estate.

The Question being put, That Candles be brought in;

It passed in the Affirmative.

And Candles were brought in accordingly.

The Persons reported to be banished, and their Estates confiscated, being Fourteen in Number, were every one particularly put to the Question.

Resolved, &c. That Charles Stuart, Eldest Son to the late King, be one of that Number.

Resolved, &c. That James Stuart, Second Son of the late King, be one other of that Number.

Resolved, &c. That John Earl of Bristoll be one other of that Number.

Delinquents.

Resolved, &c. That William Earl of Newcastle be one other of that Number.

Resolved, &c. That Sir William Witherington be one other of that Number.

Resolved, &c. That George Lord Digby be one other of that Number.

Resolved, &c. That Sir Philip Musgrave be one of that Number.

Resolved, &c. That Sir Marmaduke Langdale be one other of that Number.

Resolved, &c. That Sir Richard Greenvile be one other of that Number.

Resolved, &c. That Sir Francis Dodington be one other of that Number.

Resolved, &c. That the Earl of Worcester be one other of that Number.

Resolved, &c. That Sir John Wynter be one other in that Number.

Resolved, &c. That Sir John Culpepper be one other of that Number.

Resolved, &c. That Sir John Byron be one other of that Number.

Resolved, &c. That the * Duke of Buck' be one other of that Number.

Resolved, &c. That the Persons hereafter named; viz. Charles Stuart, Eldest Son of the late King; James Stuart, Second Son of the late King; John Earl of Bristoll, Wm. Earl of Newcastle, Sir William Widdrington, George Lord Digby, Sir Philip Musgrave, Sir Marmaduke Langdale, Sir Richard Greenvile, Sir Francis Doddington, the Earl of Worcester, Sir John Winter, Sir John Culpepper, Sir John Byron, and George Duke of Buckingham; and all that have been plotting, designing, or assisting, in the Irish Rebellion; and all such Persons as now do hold out any Castle, Fort, or Island, against the Parliament; shall be proscribed, as Enemies and Traitors to the Commonwealth; and shall die without Mercy, where-ever they shall be found within the Limits of this Nation; and their Estates shall be confiscate, and forthwith employed for the Use of the Commonwealth.

Resolved, &c. That there be no further Addition of Names to this Question.

Ordered, That the Residue of the Particulars be referred to the same Committee.

Adjournment.

Mr. Speaker adjourned the House until Friday Morning Eight of the Clock, according to former Order.