House of Commons Journal Volume 4: 16 March 1646

Die Lunæ, 16 Martii, 1645.

Prayers.

TWO Letters from Mr. Rushworth, of 11 Martii 1645, from Truro, were this Day read: And Sir Henry Mildmay was appointed to carry the same to the Lords, to be communicated unto them.

Ordered, That the Messenger that brought one of the Letters from Truro, and this Day read in the House, shall have Ten Pounds bestowed upon him for his Pains: And that the Committee of Plimouth do pay the same accordingly.

Ordered, That John Crips, the Messenger that brought one of the Letters from Truro, and this Day read in the House, shall have Twenty Pounds bestowed upon . . . for his Pains: And that the Committee of Plimouth do pay the same accordingly.

Ordered, That it be referred to the Committee of the Army, to dispose such Horses, as have been provided by them for the Use of the Army, for the best Advantage of the State: And that they do not buy or provide any more Horses for that Service, until they receive further Order.

Sir Henry Mildmay carried to the Lords the Letters this Day read, of 11 Martii 1645, from Truro.

Mr. Knightley went to the Lords, to desire a free Conference concerning the Propositions; and also a Conference concerning the Instructions for the Gentlemen that are to go into Devonshire and Cornewall.

He carried to the Lords, for their Concurrence, the Order for Major-General Langherne to be Commander in Chief of the Counties of Glamorgan, Cardigan, Carmarthen, and Pembroke: The Order for Five Pounds to the Messenger that brought the Letter and Articles concerning the Rendition of Ashby de la Zouch: The Amendments to the Ordinance for Heraldry; and the Ordinance for Continuance of the Excise until the Twenty-ninth of September 1648.

Mr. Knightley brings Answer, That the Lords will presently grant a free Conference, concerning the Propositions for a safe and well-grounded Peace; and a Conference concerning the Western Instructions: And, as to the other Messages, they will send Answer by Messengers of their own.-

A Commission to Philip Lord Lisle to be LieutenantGeneral and Governor-General of the Kingdom of Ireland, for One Year, was this Day read, once in Latin; as it was brought in; and was again read the Second time in English.

Mr. Holles, Sir Thomas Widdrington, Mr. Lisle, Mr. Erle, are appointed Managers of this free Conference, and Conference.

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

The Lords have commanded us to bring you these Three Reports: One for Captain Swanley to have the Command of a Ship; to which they desire your Concurrence: Another for Captain Maynard to have the Command of a Ship; to which also they desire your Concurrence: And also one concerning the Island of Jersey; which they desire may be speedily dispatched for the Reducing thereof; the Year being far spent; and the Fleet, now going out, will assist them, before they come to their several Posts. They desire to put you in mind of these Particulars: The Ordinance for Foreign Plantations, the Ships being ready to go away on Wednesday or Thursday next; and, at this Time, That may be done for Reducing of St. Christopher's, and Mountserratt, now under the Command of the Earl of Marleborough, which cannot be done for many Thousands, if this Fleet go away without Instructions and Authority to reduce them: That this House will take into their speedy Consideration Sir Marmaduke Lloyd's Petition, remaining here; and also the Order for adding Mr. Horton, a Divine, to the Assembly.

Ordered, That the Particulars of this Message be taken into Consideration, when the House returns from the Conference.

Answer returned by the same Messengers;

The House hath considered your Message; and will send Answer by Messengers of their own.

Resolved, &c. That this House doth agree with the Lords, That Captain Richard Swanley shall be Captain of his Majesty's Ship the Charles, in this Summer's Expedition.

Resolved, &c. That this House doth agree with the Lords, and approve of Captain Benjamin Crandley, who was formerly approved of by both Houses for the Command of the Ship Bonadventure, to have the Command of the Ship Victory, for this Summer's Expedition: And that Captain Goodlad, formerly approved by both Houses for the Command of the said Ship the Victory, in regard of his own special Occasions, be spared from SeaEmployment in this Summer's Expedition.

Resolved, &c. That this House doth agree with the Lords, and approve of Captain Walter Maynard to have the Command of the Ship Bonadventure for this Summer's Expedition, in the place of Captain Benjamin Crandley.

The Report from the Committee of Lords and Commons for the Admiralty and Cinque-Ports, concerning the Island of Jersey; and a List or Establishment for One Regiment of Foot, to consist of Ten Companies, and Twelve hundred Soldiers, with Shipping, Ammunition, and Necessaries, for them to be transported, and sent thither for Reducing of that Island; were this Day read, and approved of; the Total of the Charge being Two thousand Five hundred Forty-nine Pounds Nine Shillings and Four-pence, besides their Pay to their Landing.

Ordered, That it be referred back to the Committee of the Admiralty and Cinque-Ports, to consider of the Levying of the Men consented to be raised for the Reducing of Jersey; and of some convenient Way for the Transportation of them; and to report it to the House. And

It is further Ordered, That it be referred to the Members of this House, to consider of some Proposition for raising Monies appointed to be provided for the Raising of, and Transportation of, these Men, for a Month's Pay for them; and for the Charge of the Train of Artillery; and for providing Victuals for them till their Landing; and to report it to the House.

The Report from the Committee for Foreign Plantations was read; and likewise an Ordinance for Continuance of an Ordinance of the Second of November 1643, for ordering the Affairs of the Foreign Plantations.

Also the Lords Paper, touching the said Report and Ordinance; setting forth their Approbation thereof, and that they had added Six Lords to the said Ordinance; was likewise read.

Resolved, &c. That this House doth agree with the Lords in the Ordinance for Continuance of the Ordinance of the Second of November 1645, for the Ordering of the Affairs of Foreign Plantations.

Resolved, &c. That Mr. Sollicitor-General be added to the Ordinance for the Affairs of Foreign Plantations, in the place of Mr. John Pym, deceased.

Resolved, &c. That Mr. Alexander Rigby be added to the Ordinance for the Affairs of Foreign Plantations, in the place of Mr. Wm. Spurstowe, deceased.

Resolved, That Sir John Clotworthy, Mr. George Fenwick, Mr. Salwey junior, Mr. Purefoy, Mr. Francis Allen, Mr. John Ash, Mr. Prideaux, Sir Henry Mildmay, Mr. Recorder, Mr. Snelling, Sir Philip Stapleton, and Sir William Waller, shall be of the Committee in the Ordinance for the Affairs of Foreign Plantations.

Resolved, &c. That the Power that shall be given to the Lord Lisle, for the Government of the Kingdom of Ireland, shall be under the Great Seal of England.

Resolved, &c. That the Stile that shall be given to the Lord Lisle, shall be Lord Lieutenant-General of Ireland.

Resolved, &c. That one Clause in the said Commission shall be, to give Power for Commanding in Chief of all the Forces of the Kingdom of Ireland, raised, and to be raised, for suppressing the Rebellion and Rebels there, and reducing that Kingdom to their Obedience.

Resolved, &c. That another Clause shall be, to give Power to preserve the Peace of the Kingdom of Ireland; and to take care, that the Laws and Customs of that Kingdom be put in due Execution.

Resolved, &c. That this Commission shall relate to such Instructions, as shall be, from time to time, given by both Houses of the Parliament of England.

Resolved, &c. That the Lord Lisle shall, by his Commission, have granted to him all Profits, Rights, and Privileges, incident or appertaining to the Place of Lieutenant-General of Ireland.

Resolved, &c. That Mr. Sollicitor-General do prepare the Commission, according to the Intent and Meaning of these Votes: And that the Members of both Houses, that are of the Committee of both Kingdoms, do prepare the Instructions for him, according to former Order.

It is further Ordered, That it be referred to them, to consider of fit Persons to be a Council about the Lord Lisle, Lord Lieutenant of Ireland, both here at home, and in Ireland, for the better carrying on the Affairs of Ireland.

Upon Sir John Clottworthye's Report from the Committee appointed, the Twenty-sixth of July last, to consider of the Petition of Colonel Robert Sterling, and to state the Matter of Fact to the House, and to report their Opinions to the House;

It is Ordered, That the Committee of the Affairs of Ireland do give Order for the Pay of Two hundred Pounds to the said Colonel Robert Sterling, being in Part of the Arrears due unto him for his Service in Ireland.

Ordered, &c. That the Western Committee do send again for those Western Clubmen, which they have bailed; the House declaring, they had no Power to bail them: And that the Committee do meet this Afternoon; and consider of some Way for preventing the further Growth of the Rising of the Clubmen in the West.

Ordered, &c. That Mr. Wm. Whittacre shall have Liberty forthwith to go down into the Country: And that he do go accordingly.

Ordered, &c. That Commissions be awarded to fitting Persons of the Counties of Dorsett and Somersett respectively, for the diligent Inquiring after the Insurrection of divers Clubmen in those Counties; and for the Suppressing of them, and punishing the Offenders.

An Estimate of the Charge of Six Weeks Pay, for all the Officers under the Command of Colonel Massey, was read.

Resolved, &c. That this House doth approve and appoint, that the Sum of Twenty thousand Pounds be allowed and paid, for Six Weeks Pay, for all the Forces under the Command of Colonel Massey, Commander in Chief of the Western Associated Forces.

An Ordinance for securing and reimbursing, upon the Receipts of the Excise, Twenty thousand Pounds, for Six Weeks Pay, for the Forces under the Command of Colonel Massey, Commander in Chief of the Forces of the Western Association, was this Day read the First and Second time; and, upon the Question, committed unto the Committee of the West.

Post Meridiem.

ORdered, &c. That Mr. Fogge, the Minister, shall have the Sum of Fifty Pounds bestowed upon him, for his Pains in bringing the good News of the Taking in of the Castle of Hawerden: And that the Committee of Lords and Commons for Advance of Monies, at HaberdashersHall, do pay the same accordingly.

The Lords Concurrence to be desired herein.

Ordered, &c. That it be referred to the Committee for the Revenue, to demolish the Chapel at Somersett-House.

An Ordinance of the Lords and Commons, assembled in Parliament, for committing the Great Seal of England into the Hands and Custody of Commissioners therein named and appointed by both Houses of Parliament, was this Day read the First and Second time; and ordered to be sent unto the Lords for their Concurrence.

Mr. Holles is appointed to carry it to the Lords.

Ordered, &c. That a Committee be named, to take into Consideration, What Members of this House, or any in Trust for them, do hold any Offices Military or Civil, or any other Place, Profit, or Advantage, from the Parliament, or by any Authority derived from the Parliament: And the Members that are concerned, are injoined to attend the said Committee: Who are to present the same to the House with all convenient Speed.

Sir Philip Stapleton, Colonel White, Mr. Holles, Mr. Recorder, Sir Walter Erle, Mr. Bond, Sir Peter Wentworth, Mr. Rigby, Mr. Martyn, Mr. Sollicitor, Sir Antho. Irby, Mr. Prideaux, Colonel Stapley, Sir John Potts, Colonel Strode, Sir Gilbert Gerrard, Sir John Burgoyne, Mr. Maynard, Mr. Long, Mr. Sandys, Sir Wm. Lewes, Mr. Love, Sir Wm. Strickland, Sir Wm. Waller, Sir Tho. Dacres, Sir John Danvers, Mr. Robinson, Sir Dudley North, Mr. Winwood, Mr. Whitlocke, Mr. Fenwicke, Mr. Snelling, Sir Henry Vane, Sir John Evelyn, Colonel Thompson, Mr. Corbett, Mr. Staughton, Sir Thomas Wroth, are appointed to be this Committee: And all that will come are to have Voices: And are to meet on Wednesday next, at Two Post meridiem, in the Star-Chamber.

Mr. Sandys is particularly to take care of this Business.

* * * * (fn. 1).

Resolved, &c. That the Committee formerly appointed to sit to receive such Informations as shall be offered against any Members of the House, for any Gift or Advantage that he hath received upon any Business depending in Parliament, be revived: And that they do meet on Thursday next, in the usual Place; and so de die in diem; and shall consider, What Obstructions or Defects are in the former Order; and to present to the House, what Expedient they think fit to be offered as necessary for enabling the Committee to proceed fully and clearly in the Business referred unto them.

Mr. Prideaux reports the Case of Mr. Robert Henley and Mr. Samuel Whitwick: That, they being jointly chief Clerks of the King's Bench, to them, and the Survivor of them; there is an Agreement between them, that Mr. Henley, and his Executors, should have Eleven Parts of the Profits of the said Office; and Mr. Whitwicke, and his Executors, the Twelfth-Part of the Profits of the said Office; during the Lives of the Survivor of them respectively: That, by Ordinance of 13 Januarii 1643, the Places of all Officers, which should not personally attend their Offices before the last Day of that Term, not having a just Excuse, should be void: That Mr. Henley absented himself that Term, having (for aught appears) no notice of the Ordinance; and Mr. Whitwicke attended it: That, by the Propositions, Delinquent Officers are disabled to hold their Places: That Two thousand Pounds, Profits of the Eleven Parts of the said Office, hath been received by virtue of the Ordinance for Sequestration; and the Articles between Mr. Henley and Mr. Whitwicke: That Mr. Henley offers Seven thousand Pounds for his Composition for the Eleven Parts of the Profits of the said Office, and for the Residue of Estate, besides his Twentieth-Part.

The humble Petition of Sir Edward Baynton Knight, a Member of this House, was read.

Ordered, &c. That Mr. Prideaux do again make this Report, concerning Mr. Henley and Mr. Whitwick, upon Thursday next, in the Afternoon, the first Business.

An Ordinance of the Lords and Commons, assembled in Parliament, for committing the Great Seal of England into the Hands and Custody of Commissioners therein named, and appointed by both Houses of Parliament.

THE Lords and Commons, in Parliament assembled, do Order and Ordain, and be it Ordained, That the Great Seal of England shall be committed to the Custody and Keeping of the Persons hereafter named (who are hereby ordained Commissioners for that Purpose) for and during the Time of Six Months, from the Passing of this present Ordinance; that is to say, unto Henry Earl of Kent, and Oliver Earl of Bolingbrook, Members of the House of Peers, and unto Oliver St. John Esquire, his Majesty's Sollicitor-General, John Wilde Serjeant at Law, Samuel Browne, and Edmund Prideaux, Esquires, Members of the House of Commons: Which said Persons are hereby constituted and appointed to be Commissioners for the Custody of the said Great Seal of England during the Time aforesaid: And they, or any Three or more of them (whereof one of the said Earls, or both of them, to be present), shall have, and are hereby authorized to have, the Custody, Keeping, Ordering, and Disposing thereof; as also all such and the like Powers and Authorities as any Lord Chancellor, or Lord Keeper, or Commissioners of the Great Seal, for the Time being, hath had, used, or ought to have.

IT is this Day Ordered and Declared, by the Lords and Commons, assembled in Parliament, That all Clauses contained in an Ordinance of both Houses of Parliament, dated 2 November 1643 (whereby Robert Earl of Warwick is constituted Admiral and Governor in Chief of all the Foreign Plantations, planted by the English, and other his Majesty's Subjects, and divers Members of both Houses of Parliament, are constituted Commissioners to join in Aid and Assistance with him, for ordering the Affairs of the said Plantations), do continue in full Force; any former Ordinance notwithstanding. And

It is further Ordered, That the Earl of Northumberland, Earl of Nottingham, Earl of Salisbury, Earl of Denbigh, Lord Dacres, and Lord Bruce, Members of the House of Peers, and Mr. Sollicitor-General, Mr. Alexander Rigby, Sir John Clotworthy, Mr. George Fenwick, Mr. Salwey junior, Mr. Puresoy, Mr. Francis Allen, Mr. John Alh, Mr. Prideaux, Sir Henry Mildmay, Mr. Recorder, Mr. Snelling, Sir Philip Stapilton, and Sir Wm. Waller, Members of the House of Commons, be added to the Commissioners named in the said Ordinance: Which Members of both Houses, so added, are to have the same Power as the other Commissioners formerly named.