House of Commons Journal Volume 4: 30 September 1645

Die Martis, 30 Sept. 1645.

Prayers.

THE Grand Committee of the House, according to former Order, proceeded to take into Consideration the Business concerning the Raising of Monies for the publick Service of the Kingdom.

Sir Thomas Widdrington in the Chair.

Mr. Speaker resumed the Chair.

Sir William Waller carried to the Lords for their Concurrence, the Ordinance for settling Eight thousand Pounds per Annum upon the Prince Elector: The Ordinance for Five hundred Pounds out of the Excise, for the Conductors of the Train of Artillery, late under the Earl of Essex: The Vote for Colonel Fitzjames to be High-Sheriff of the County of Dorsett: And the Vote for Colonel Thomas Mitton to be High-Sheriff of the County of Salop.

Upon Sir Thomas Widdrington's Report from the Grand Committee of the House;

It is Ordered, That Sir Henry-Frederick Thinne, being now a Prisoner at Salop, be admitted to his Fine and Composition; the Committee of Salop first knowing of him, What he will give for his Composition: They are also to certify the Nature of his Crime, and the Value of his Estate; and to send him up to this House.

Sir Robert Pye brings Answer from the Lords, That the Lords do agree to the Ordinance for appointing a CursitorBaron in the Exchequer.

Resolved, &c. That this House doth nominate and approve of Thomas Tyrrell, Richard Grenvile, Esquires, Thomas Bulstrode, and Thomas Wilkinson, Gentlemen, to be added to the Committee of Bucks.

The Lords Concurrence to be desired herein.

Resolved, &c. That this House doth nominate and approve of * Wheate Esquire, John West, and * Draper, Gentlemen, to be added to the Committees for the County of Oxon.

The Lords Concurrence to be desired herein.

Sir William Lewes went to the Lords, to desire a Conference upon the Bailing of the Lord Savile by the Lords; upon the additional Committees to the Eastern Association; upon the Amendments, sent by the Lords, to the Vote for Sir Francis Drake Baronet to be High-Sheriff of the County of Devon: He was further to acquaint the Lords, That this is the Day appointed for proceeding upon the Impeachment of the Earl of Stamford.

Resolved, That Five thousand Pounds shall be charged upon the Receipts of the Excise, to be paid in Course, with Interest after the Rate of Eight Pounds per Cent. for the same, to be employed for the paying and enabling all the Forces of the several Counties under Colonel-General Pointz, to do further Service: And it is especially referred to Sir William Strickland, and Mr. Alderman Hoyle, to take care of this Business.

Sir William Lewes brings Answer, That the Lords will give a present Conference, by a Committee of their whole House, as is desired: And, as concerning the Business of the Earl of Stamford, they are ready to hear it presently.

Ordered, That the Committee for Religion, appointed to sit To-morrow, do not sit till Friday next: And that To-morrow, the first Business, the Report of the Northern Affairs be made, by Sir Thomas Widdrington; and the whole State of the Northern Business be thereupon taken into Consideration: And that Mr. Speaker do put the House in mind hereof.

Upon Mr. Scawen's Report of several Abuses committed by Mr. Wilcox, in giving out Debentures to Officers, contrary to the Order of this House, to the Prejudice of the Commonwealth;

It is Resolved, &c. That the Debentures given out by Mr. Auditor Wilcox, from the Eight-and-twentieth Day of April 1643, to the Fifteenth of March 1644, amounting to the Sum of Ten thousand Six hundred Eighty-five Pounds Twelve Shillings and one Peny; and from the Fifteenth of March 1644, to the Seventh of July 1645, amounting to the Sum of Forty-two thousand Eightythree Pounds Six Shillings and Ten-pence; are, all and every one of them, unwarrantable, and ought not to charge or bind the Commonwealth.

Resolved, That this House doth recommend the Care of such Officers Accompts, as have been in actual Service, to the Committee of Accompts: And that That Committee would direct, By what Persons, and in what Manner, these Accompts shall be stated and certified to them; and a Register kept for further Examination by them upon the general View of Accompts and Inquiries: And That Committee are thereupon to determine what is due to the Officers.

Resolved, &c. That this House doth disallow of the Sum of Five-and-twenty Shillings per diem to be paid to Mr. Wilcox, as Auditor of the Army.

Resolved, &c. That the Committee of Accompts do state the Accompts of the Scotts Officers.

Ordered, That the Committee appointed to prepare Instructions touching the Accompts of Officers and Soldiers be revived: And they are to report the said Instructions to this House, with all convenient Speed.

Ordered, That Mr. Holsworth shall have Leave to go into the Country.

Sir William Waller brings Answer from the Lords, That, as to the Ordinance concerning the Prince Elector, the Lords will send Answer by Messengers of their own; and, as to the rest of the Ordinances, they do agree.

Mr. Whittacre reports, from the Committee of Examinations, the Amendments to the Ordinance for a new Excise, for Payment of the Artificers: Which were read twice; and, upon the Question, assented unto: And then the Ordinance, and the Amendments, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Ordered, That the Petition of the Lord Inchiquin, Lord President of Munster, be referred to the Committee of the Navy, to pay for the Victuals and Mens Wages of the Ship Reformation of Bristoll, employed by him in the Service of the State; and to give such Allowances as are usual in like Cases.

Ordered, That the Commissioners for the Great Seal of England, upon the Desires of the Committees of the several Counties where no Commissions are already issued, consider of sitting Persons to be Commissioners; and give Warrant to Oliver St. John Esquire, his Majesty's SollicitorGeneral, to prepare Bills to contain Commissions to the said Commissioners in the said Commissions to be named, to authorize them to take the Accompts of the Scotts Army, in like Form and Manner as the Commissioners named in several Commissions formerly issued in that Behalf for divers of the Northern Counties, are enabled to do: And that the said Commissioners for the said Great Seal do, from time to time, pass the said Commissions in usual Form, under the said Great Seal.

The Lords Concurrence to be desired herein.

The humble Petition of Henry Nevill Esquire was this Day read; and nothing done upon it.

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

The Lords have commanded us to return you this Ordinance, of the List of the Names of the several Classes to be Tryers of Elders in the Province of London: It moved first from this House; and the Lords do agree to it with these Additions: To which they desire your Concurrence: - An Ordinance for Removing of John Powell from being Serjeant at Arms, and to admit Mr. James Norfolke in his place: - This Note; it came from the Commissioners of the Great Seal; and is for appointing Serjeant Rolle to be one of the Judges of the King's-Bench, Serjeant Pheasant to be one of the Judges in the Common-Pleas, and Serjeant Atkins to be one of the Barons of the Exchequer: The Lords have approved of them, and desire your Concurrence:- Two Petitions, one of Colonel Tompson's, the other of the Gunners and Artificers Widows: They think them reasonable; and do refer them to your Consideration. They desire to put you in mind of a Petition concerning the Brothers of Major Grey: Which they desire may be taken into Consideration.

The Amendments to the Ordinance concerning the Tryers of Elders were read; and, upon the Question, assented unto.

Resolved, &c. That this House doth concurr with the Lords; and nominate and approve of Serjeant Rolle to be one of the Justices of the Court of King's-Bench.

Resolved, &c. That this House doth concurr with the Lords; and nominate and approve of Serjeant Pheasant to be one of the Justices of the Court of Common-Pleas.

Resolved, &c. That this House doth concurr with the Lords; and nominate and approve of Serjeant Atkyn to be one of the Barons of the Exchequer.

Ordered, That the Commissioners for the Great Seal do give Warrants to the Clerk of the Crown in Chancery, to prepare Bills containing Grants respectively unto Serjeant Rolle, Serjeant Pheasant, and Serjeant Atkyn, of the respective Places of Justices of the King's-Bench, CommonPleas, and of one of the Barons of the Exchequer, according to the Votes of both Houses; to hold the same respectively, quam diu se bene gesserint: And that the said Commissioners do pass the said respective Grants under the Great Seal of England, in usual From, accordingly.

The Lords Concurrence to be desired herein.

The Ordinance for Appointing of James Norfolke to be Serjeant at Arms, in the room of John Powell, was read; and nothing done upon it at the present.

The humble Petition of divers distressed Widows, and Wives of several Gunners, Artificers, and others, of the Train of Artillery, whose Husbands have been slain, and others yet remaining in actual Service for the State, was read: And

Ordered, That it be referred to the Committee for Reformadoes where Mr. Noble hath the Chair; with the Addition of Mr. Scawen, Mr. Snelling, Colonel Moore, Mr. Whittacre, Mr. Gurdon, Sir Ralph Ashton, Sir Thomas Dacres, Colonel Boswell, Mr. Jesson, Sir John Franklyn, Sir Gilbert Gerrard: And they are to examine such as will avow the Petition, What they do particularly claim, and upon what Foot of Account; and to consider of some Way to give them Satisfaction, if it shall be requisite.

Ordered, That the Letters concerning Nottingham be read To-morrow Morning.

The humble Petition of Colonel Thompson was read: And

It is thereupon Ordered, That it be referred to the Committee of Lords and Commons for Sequestrations, to consider of the Person that holds the Exigenters Place for London, Whether he be a Delinquent, within any Ordinance for Sequestrations (Information being given to the House, That he is a Delinquent); and to report the same to this House.

Answer returned by the same Messengers;

The House hath considered of your Message: And, as to the Amendments to the Ordinance for Tryers of Elders, and the Three Judges, they do agree: And, as to the rest, they will send Answer by Messengers of their own.

An Ordinance for appointing several Persons to be Commissioners, to put in Execution Martial Law in the County of Hants, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords, for their Concurrence, by Mr. Lisle.

Ordered, That Sir William Brereton do bring in an Ordinance for Putting of Martial Law in Execution, in the County of Chester.

Upon Colonel Moore's Report from the Committee for Irish Affairs;

Resolved, &c. That this House doth approve of the Exchange of Sir Robert Meredith, the Lady Moore, Sir Patrick Weymes, Sir Robert Hannay, Captain Ponsonby, Captain Wentworth, Lieutenant Draper, Mr. Batten, Mr. Towneley, Lieutenant Towneley, and Quartermaster Hatch, now Prisoners, or at Liberty upon Bail, in England and Ireland, to the Enemy, to be exchanged for the Lord Brabason, Sir Henry Titchborne, and Sir James Ware, now Prisoners to the Parliament, in the Tower of London: And that the said Sir Robert Meredith shall be at his Liberty to remain free from Restraint in Ireland, or to come into this Kingdom, which he pleaseth: And that, the said Lord Brabason, Sir Hen. Titchborne, and Sir James Ware, giving Security to the Lieutenant of the Tower for Performance of this Exchange, they be thereupon freed from Imprisonment.

Ordered, That the Members of both Houses, that are of the Committee of both Kingdoms, do this Afternoon desire to receive, from the Commissioners of Scotland, their speedy and positive Answer to the Desires of both Houses, concerning their Army's coming to besiege Newarke.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Citizen for the City of New-Sarum in the County of Wiltes, in the place of Robert Hyde Esquire, Serjeant at Law, disabled, by Judgment of this House, to serve as a Member thereof, during this Parliament.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's . . . ., directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess for the Borough of Old-Sarum in the County of Wiltes, in the place of Sir Wm. Savile Baronet, disabled, by Judgment of this House, to serve as a Member thereof, during this Parliament.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess for the Borough of Dounton in the County of Wiltes, in the place of Sir Edward Griffith Knight, disabled, by Judgment of this House, to serve as a Member of this House, during this Parliament.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of Two Knights to serve for the County of Rutland, in the places of Sir Guy Palmes Knight, and the Lord Noell, disabled, by Judgment of this House, to serve as Members of this House, during this Parliament.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Burgess for the Borough-Town of Leicester, in the place of Thomas Cook Esquire, disabled, by Judgment of this House, to serve as a Member of this House, during this Parliament.

Ordered, That a Warrant shall issue forth, under Mr. Speaker's Hand, directed to the Clerk of the Crown in Chancery, to issue forth a Writ, for the new Election of a Citizen for the City and County of Norwich, in the room and place of Richard Catlyn Esquire; who is disabled, by Judgment of this House, to fit as a Member thereof, during this Parliament.