House of Commons Journal Volume 6: 9 April 1650

Die Martis, 9 Aprilis, 1650.

Prayers.

Late King's Arms.

RESOLVED, &c. That the Arms of the late King be taken down in all Ships of, and belonging to, this Commonwealth; as also of all Merchants, or others, inhabiting within the same: And that the Generals at Sea be required to see the same done accordingly.

Resolved, That all Justices of the Peace in the respective Counties, and all other publick Magistrates and Officers, Churchwardens, and Wardens of Companies, be authorized and required to cause the Arms of the late King to be taken down, and defaced, in all Churches, Chapels, and all other publick Places within England, Wales, and Town of Berwick.

Ordered, That these Votes be forthwith printed and published.

Carlile, &c.

Resolved, That the Business concerning Carlile, and the Northern Parts, be taken into Consideration on Thursday next, the first Business.

Letter from Edinburgh.

A Letter from Edinburgh, dated 2 April 1650, was this Day read.

Preventing Invasions.

Ordered, That the said Letter be referred to the Consideration of the Council of State: And that they be impowered and required, by all Ways and Means that they shall think fit, to prevent all Invasions from abroad, and to preserve the Peace of this Nation from all Tumults and Insurrections whatsoever.

Militia.

Ordered, That the Council of State do, on Saturday next, give an Account of their Proceedings touching the Militia of this Commonwealth; and to bring in the Act for such further additional Power to be given them, as they shall think sit, for the better Service of the Commonwealth.

Ordered, That Colonel Fielder do, on Saturday next, bring in an Act for the Militia of Westminster, to be taken into Consideration, next after the Report from the Council of State.

Suspected Persons.

Ordered, That the Vote of the Parliament, of 26 Martii 1650, giving Power to the Council of State to remove from London and Westminster, and from any Place within Twenty Miles of the same, all such Persons whose Abode there shall to them appear prejudicial or dangerous to the Safety of the Parliament, or Peace of the Commonwealth, be forthwith printed and published.

Earl of Northampton's Composition.

Major Salwey reports from the Committee at Goldsmiths Hall, the State of the Case touching the Composition of the Earl of Northampton, as followeth; viz.

"Resolved, That the whole Matter of Fact, concerning the Composition of the said Earl, be stated to the House; and their Resolution to be received, whether he shall be admitted to Composition; and the Composition set by this Committee; together with the Allowances to be reported by Mr. Salwey."

"The Earl of Northampton's Case."

"Upon the Fourteenth Day of March 1645, in the House of Commons, upon Sir Henry Vane's Report from the Committee of both Kingdoms; it was ordered, That the Committee of both Kingdoms shall have Power to grant a Pass unto the Earl of Northampton, and unto Twenty Gentlemen and Officers, to go beyond the Seas; he and they giving such Security as the Committee of both Kingdoms shall think fit; and taking the Negative Oath, never to bear Arms, or to act any thing to the Prejudice of the Parliament."

"The Eighth Day of April 1646 it was ordered, That the Committee of both Kingdoms should take care to send the said Earl out of the Parliament's Quarters; and to give him a Pass to go beyond the Seas, according to former Order."

"The Fifteenth of April 1646, it was ordered, by the House of Commons, That the said Committee should take effectual Course, that the said Earl, and his Company, shall be gone."

"The Twenty-fifth of April 1646, was again ordered, by the House of Commons, That the said Lord and his Servants, and others that came with him from Oxford, should depart the Kingdom before the First of May 1646; or otherwise should be proceeded against as Spies: And Mr. Speaker ordered to give them Passes: And the Serjeant at Arms attending the House to give the Earl Notice of the said Orders."

"The Twenty-eighth of April 1646, The Lords sent down the Earl's Petition to be admitted to compound: Which, upon Debate, passed in the Negative: And the House adhered to their former Vote, for his departing out of the Kingdom."

Upon the Thirtieth of April 1646, the said Earl sent a Petition to the Committee at Goldsmiths Hall, to be admitted to a Composition: Which was ordered to be dated the Day it came in; and so was laid by."

The Seventh of December 1646, the Earl of Northampton sent in, to the Committee at Goldsmiths Hall, an Order of the House of Lords, of the Fourteenth of November 1646, in hæc verba:"

"It is this Day Ordered, by the Lords, in Parliament assembled, That it be especially recommended to all Committees for Sequestrations, that the Earl of Northampton shall have the Possession of his House of Castle Ashbie in Northamptonshire, and Compton in Warwickshire, and his Chace and Parks, to put them in Repair, and keep them from Ruin, that thereby he may be the better enabled to make his Composition" Upon which the said Committee at Goldsmiths Hall gave him likewise their Order, certifying, That, "Whereas the said Earl had addressed himself, to make his Composition for his Delinquency, to the Parliament, they were therefore required to forbear to cut or sell any of the Woods belonging to the said Earl, or to dispose or sell any of his real or personal Estate, mentioned in a Particular annexed; he being about his Composition for the same, according to the Directions of Parliament."

"The Sixth of March 1646, the said Earl, meeting with some Disturbance, applied to the said Committee to have his Order renewed: Which being not granted, he procured an Order, to the same Effect, to be drawn; and obtained the Hands of several of the Lords of the Committee, and of some of the Commons of the Committee, to the same: Which, being brought to the Clerk, was refused to be entered, being not done at Goldsmiths Hall."

"Upon the Eleventh of May 1647, the House of Lords made a further Order, as followeth:

"Upon Consideration had of the Petition of the Right honourable James Earl of Northampton, and Motives thereto annexed, and more particularly of his Youth, and Engagement in these Wars, by his Father's Command; his early endeavouring to come in, and laying down Arms, when his Command was no way inconsiderable; his free Choice rather to come in from Oxford, and cast himself upon the Favour of the Parliament, than to capitulate there; the Want of his Evidences; and his Submission to compound as Tenant in Fee, which distinguisheth his Case from all others; It is Ordered, by the Lords, in Parliament assembled, That the said Earl shall be admitted to his Composition at Two Years Purchase; and that his Fifth, and Twentieth Part, shall be included therein."

"The Concurrence of the House of Commons is desired herein."

"The Twenty-eighth of October 1647, the said Earl procured a Second Order, or Certificate, to be drawn up, as from the Committee at Goldsmiths Hall; viz."

"Whereas the Right honourable James Earl of Northampton hath addressed himself to this Committee, for his Composition; and hath long since presented a Particular of his Estate, a Copy whereof hath been formerly sent you: These are to certify, That his Lordship hath no way neglected the Prosecution thereof, although, as yet, no Issue hath been put thereunto; but hath, from time to . . . . . . . by his Agents, attended this Committee for the Perfecting thereof; which, by reason of other weighty Occasions of the Houses of Parliament, he could not do; there being as yet no Concurrence of the House of Commons with the Order of the Lords hereunto annexed: Which was the Copy of the Order next before recited."

"Upon the Passing of the Votes published Fourteenth, Seventeenth, and One-and-twentieth of March 1648, wherein all Delinquents, except such as were therein by Name excepted, are admitted to a Composition; the Earl of Northampton applies himself to compound: And thereupon the Petition, presented by him to the Committee at Goldsmiths Hall, 30 Aprilis 1646, was referred to the Sub Committee; upon whom the said Earl's Solicitor did then frequently attend, until that, upon the Sixteenth Day of July following 1649, the present Parliament made an Order; viz.

"16 Julii 1649."

"The humble Petition of James Earl of Northampton, was this Day read."

"Ordered, That the Petition be referred to the Committee at Goldsmiths Hall, to compound with the Earl of Northampton, according to the Rules given for compounding with Delinquents; one of which was, That all Delinquents should perfect their Compositions; viz. submit to their Fines, and pay one Moiety, and secure the rest within Six Weeks from the respective Days limited for filing their Petitions and Particulars; which was the First of August 1649."

"The said Earl, from that time, did frequently attend the Sub Committee; but wanted some of his Deeds and Evidences to make his Estate to appear.

"The Committee at Goldsmiths Hall, upon the Thirteenth of August, having dispatched off almost all Causes for Composition then depending, adjourned till the First of September; since when they have set very few Fines, being busied upon the Hearing of Reports, and the Settling of their Business upon the late Act."

"The said Earl did not bring in some of his Writings to the Sub Committee till within Ten Days, or thereabouts, before the Setting of his Fine; which was cast up at a Third, by the Committee for Compositions, the Fifth of March 1649; but he did make several Offers to Mr. Reading, that he would proceed upon those Proofs that were before him, rather than to incur any Danger by Delay."

"His Fine, according to the several Particulars thereof, is as followeth:"

"James Earl of Northampton his Estate."

"Whittlewood Forest, Hornby Park, and Onely Park, of which he hath the Custody for Life, not compounded for."

"An equitable Estate, in certain other Manors and Lands, of the Value of Six hundred Fifty-nine Pounds, upon which there is a Respite."

"Which, being all the Matter of Fact, is humbly offered to the Judgment of the Parliament.

Andrewes' Petition.

The humble Petition of Robert Andrewes Esquire, a Member of this honourable House, was this Day read.

Earl of Northampton's Composition.

Resolved, That the Earl of Northampton be admitted to a Composition.

Ordered, That it be referred to the Committee of Goldsmiths Hall, to compound with the Earl of Northampton, according to the Rules given for compounding with Delinquents.

Ordered, That it be referred to the Committee of Goldsmiths Hall, to take into Consideration something to be tendered to the House for their Declaration, touching Savings, put in by Delinquents, in their Particulars, that no Injury may be done to particular Persons, nor Prejudice to the State; and report the same to the House.

Officers in Customs.

Colonel Wauton reports from the Committee of the Navy, the Opinion of that Committee, That no Officer in the Custom-house do trade as a Merchant.

Resolved, That no Person whatsoever, trading as a Merchant, that shall use any Trade or Traffick beyond the Seas, by way of Importation into, or Exportation out of, or Transportation from Port to Port, in this Commonwealth, during the time that he useth such Trade or Traffick, shall be employed in, or have any Office or Place belonging to the Customs: And, in case any Person now actually employed, or that hereafter shall be employed, in Custom Affairs, shall trade, or continue trading, as abovesaid, that then they shall be and are hereby discharged of their respective Places and Employments: And the Committee of the Navy are to take care to nominate and appoint others in their Places.

Delinquents Estates.

Sir Arthur Hesilrige reports Amendments to the Bill, impowering certain Commissioners to put in Execution the Powers formerly given to the Committee of Goldsmiths Hall, for compounding with Delinquents, and Managing of all Estates under Sequestration: and the Committee for Advance of Money, sitting at Haberdashers Hall: Which were read the First and Second time; and, upon the Question, assented unto.

Resolved, That the Names of the Persons to be Commissioners in this Act be now read.

Resolved, That Mr. Samuel Moyer be one of the said Commissioners in this Act.

Resolved, That Mr. James Russell be one other of the Commissioners in this Act.

Resolved, That Mr. Edward Wenslow be one other of the Commissioners in this Act.

Resolved, That Mr. Josias Barners be one other of the Commissioners in that Act.

Resolved, That Mr. Wm. Molins be one other of the said Commissioners in that Act.

Resolved, That Mr. Arthur Squibbe be one other of the Commissioners in this Act.

Resolved, That Mr. Richard Moore be one other of the Commissioners in that Act.

Resolved, That this Bill, with the Names of the Commissioners, be ingrossed.