Journal of the House of Commons: Volume 2, 1640-1643. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Sabbati, 21 Januarii, 1642.
MR. Prideaux reports from the Committee, the Amendments to the Bill for the Taking away all Archbishops, Bishops, &c. out of the Church of England: The which were twice read by the Clerk; and then opened by Mr. Speaker.
Resolved, That the Number of the Feoffees in this Bill shall be Seven.
Resolved, That no Member of either House shall be any of these Feoffees.
Resolved, That these Seven Persons following shall be the Feoffees named in this Bill:
Sir Wm. Roberts Knight: Thomas Atkins, Sir Jo. Wollaston, Jo. Warner, Jo. Towse, Aldermen of the City of London; Jo. Packer, Peter Marlbourne, Esquires.
Mr. Oldesworth went up to the Lords, to desire a free Conference concerning the Propositions:
Mr. Holles and Mr. Pierepointe is to manage the Conference.
Removing the Term.
He carried up with him the Ordinance to prohibit all Officers of Courts of Justice for going to Oxford to the Term.
Propositions to the King.
Resolved, &c. That there shall be a fixed Day desired of his Majesty, to give a positive Answer to the Propositions, within Ten Days after the Delivery of it.
Resolved, &c. That this Vote be communicated to the Lords at the Conference: And that the Lords be made acquainted, that this House is in Hand with other Propositions, which they intend to send unto them.
Raising Money in Somersett.
Two large Orders concerning the County of Somersett, were read; the One for Raising and Disposing of Monies upon the Propositions, and the other for Levying of Monies on the Estates of Delinquents and Malignants: Sir Hen. Mildmy is to carry up these Two Orders.
Answer from Lords.
Mr. Holdesworth brings Answer, The Lords will give a Meeting, as is desired, at Two of Clock in the Afternoon: And, for the Ordinance concerning the Term, they will send an Answer by Messengers of their own.
Surrey, &c. Association.
Resolved, &c. That the Forces, raised upon the Association in the Counties of Surrey, Kent, Sussex, and Hamshire, shall be drawn into a Body.
Ordered, That the Deputy Lieutenants of the County of Essex, the Hight Sheriffs, Justices of Peace, Constables, and other Officers, do from time to time apprehend all such Persons as shall endeavour or attempt to plunder, waste, strip, or spoil, the Manor-house of Gosfeild in Essex, and the Park, Wood, or Fences, thereunto belonging; and to send them up in safe Custody.
Licence to go to Oxforde.
Ordered, That Two Servants of the Lady Carew shall have Licence to go to Oxforde, to wait on their Lady home.
Governor of Portsmouth.
Ordered, That Sir Wm. Lewis, Governor of Portsmouth, shall have Leave given him by this House to repair to London, when this House is acquainted with and has approved of the Person he will leave the Government of the Town withal in his Absence.
Prisoners of War.
And it is further Ordered, That it shall be left to the Discretion of Sir Wm. Lewis, to discharge such of the common Soldiers as are Prisoners in Portsmouth which he shall think fit, they taking a Protestation never hereafter to serve against the Parliament, but not to discharge any Commander or Officer that is in his Custody.
Ordered, That the Committee for Prisoners, where Sir Ro. Harley has the Chair, shall have Power to consdier of such of the common Soldiers that are Prisoners, and in Distress, as are fit to be released, upon the Taking a Protestation not to serve against the Parliament; and to report the same to the House: And Sir Martin Lumley, Mr. Darly, Mr. Broxholme, Mr. Earle, Sir Nath. Barmston, Sir Tho. Cheeke, Sir Ro. Parker, Knights and Burgesses for Sussex and Worcester, are added to this Committee.
Ordered, That the Committee, or any Four of them, appointed to consider of Mr. Chamber Petition, do meet concerning the same.
Removing the Term.
Message from the Lords by Sir Rob. Riche and Mr. Page;
That the Lords have agreed to the Ordinance, concerning the Courts not to be removed to Oxforde; with the Leaving out of these Words in the Second Page, between the Words "Army and finding;" viz. "raised to destroy it and the Parliament."
Resolved, &c. That this House doth adhere unto these Words the Lords desire to have omitted in the Declaration concerning the Term.
Ordered, That Mr. Glyn, at the next Conference, do give Reasons, Why this House adheres to the said Words.
Answer returned by the same Messengers: That this House will send an Answer by Messengers of their own.
Ordered, That Mr. Serjeant Wilde do take Care to peruse the Return of the Habeas Corpus, concerning Dr. Heywood; and to report his Opinion thereof to this House, that the Return may be amended: And Jo. Marche, the Sheriff's Clerk, is to attend him with the Record.
Payment to Dallison.
Ordered, That the Committee for the Safety of the Kingdom be desired to give their Warrant to Sir Gil. Gerard, Treasurer at Wars, to pay unto Martin Dallison, Clerk to the Committee of Lords and Commons for Advance of Monies and other Necessaries for the Army, the Sum of One hundred Pounds, to be imprest, upon Account, for the Service and Charge of that Committee.
Speaking against Parliament.
Resolved, upon the Question, That John Collison shall be forthwith sent for, as a Delinquent; for divers dangerous Words, spoken by him against the Proceedings of Parliament.
The Order of Instructions, concerning the new Customers, was read; and, upon the Question, assented unto.
The Ordinance for continuing the new Customers for a Year, was read; and upon the Question, assented unto.
The Ordinance concerning the Publick Faith, to be given for Four thousand Pounds, to be raised in Staffordshire and Warwickshire, was read.
Instructions to Commissioners of Customs.
Ordered and Instructions, agreed on by the Committee appointed by the Commons House of Parliament, for the Navy, to be observed and kept by Thomas Andrewes, John Fowk, Richard Chambers Aldermen of the City of London, Wm. Barkley, Morrice Thomson, Francis Allen, James Russell, and Stephen Eastwick, Merchants, Commissioners ordained by the Lords and Commons, in Parliament, for the Collecting the Customs and Duties upon Goods and Merchandize, exported out of and imported into the Kingdom of England, Dominion of Wales, and Town of Barwick, from the * Day of January 1642.
1. The said Commissioners, according to their former Propositions, tendered and assented unto by the House of Commons, for the Advancing of Twenty thousand Pounds, for the present Use of the Navy, upon the Collections of the Customs, by way of Loan, shall pay the said Twenty thousand Pounds unto Sir Henry Vane, Treasurer of the Navy, upon or before the Twenty-fourth Day of this present January, for the Use aforesaid.
2. That they enter upon the said Employment, and take Charge of those Affairs, upon the Three-and-twentieth Day of this present January.
3. That the said Commissioners have full Power to place their Deputy Collectors and Secretary: That, for the rest of the Officers, as Searchers, Waiters, Tidesmen, Noon-tenders, Watchmen, and all other their Deputy Officers, they shall have Power to displace them as they find just Cause; and to nominate others in their Places: Which they are to present unto the Committee of the Navy; and to receive their Approbation, both for their Ability, and convenient Number.
4. That they take Security of all the Deputy Officers, for the faithful Performance of their Places, as they shall think fit in their Discretion.
5. That the said Customers or Deputies, shall pass the publick Affairs, concerning the Customs, openly, in the Custom-house.
6. That the said Commissioners, and other Deputies, do not subscribe, or sign any Bill, Cocket, Certificate, Bill of Store, Portage Sufferance, or any Warrant whatsoever, but what shall be registred: And the Comptroller and Surveyor, or either of them, are required to sign the same, when the said Commissioners, or any Three of them, shall have subscribed thereunto; that a due Cheque may be kept upon the Accounts.
7. That they take Care, that there may be a due Examination of the whole Collections at the End of every Month: And that the Comptroller and Surveyor do make Certificate of the just Receipt unto the said Committee of the Navy.
8. That the said Commissioners do make due Payment of their Receipt, from time to time, as the said Committee shall require; and, at the End of every Month, to finish the whole Collection, according to the Certificate thereupon made.
9. That, by reason the Out-ports cannot return their Accounts and Monies immediately at the End of every Month, but must, upon Necessity, require some longer Time after, the said Commissioners therefore shall have Forty Days after every Month to give an Account, and clear every Port.
10. That every Quarter Bill, for Fees and Charges, be presented to the said Committee, to examine and give Account thereof.
11. That there be a Certificate made by the present Commissioners, together with the former Commissioners, of all Goods and Merchandizes remaining in the Warehouses, which were imported in the Times of the Acts of Parliament, or before: And that the Custom then due may be required; and an Account kept apart thereof, and entered upon the Account, before the Second of July 1643.
12. No Bill of Sight by them to be subscribed and passed, but in case the Merchant will depose he hath received no Factory, and so cannot make just Entry of his Goods.
Where there shall be any Difference, or Abuse, in the Managing of the Customs, to give timely Notice thereof, in all Cases, to the House of Commons, or to the Committee of the Navy; that they may make Redress thereof: And they are to observe such farther Directions, for the better Managing of the Affairs of the said Customs, as they shall, from time to time, receive Order from the Parliament, or the said Committee of the Navy.
No Bill of Store to be granted exceeding Ten Pounds, unless the Committee be first acquainted with the Consideration thereof; and so to receive Order first from them.
* * * *
Sale of Oats.
Ordered, That the Committee for the Safety of the Kingdom shall give Order for the Sale of the Oats stayed at Ratcliff, or thereabouts: And that the Proceed of those Oats be forthwith sent, with other Monies, and imprested, upon Account, to Sir John Hotham, for the Service of the Garison of Hull.
Mr. Morley brings Answer, That the Lords will give a present Meeting, at a Conference, concerning the Customers, and concerning the Term.
Sir Henry Vane is to manage that Part of the Conference that concerns the Customers.
Mr. Rous and Mr. Wheeler that Part which concerns the Term.
Ordered, That Mr. Moore, taken at Chichester, be forthwith discharged.
Seizure of Crispe's Money.
Whereas Colonel Manwaring and Captain Harvey, by Order of this House, seized divers Parcels of Monies and Gold belonging to Sir Nicholas Crispe, as is returned: It is this Day Ordered, That the said Colonel do secure the said Monies, so that none of them be removed or meddled with, but by Order of this House: And as for the Parcel of Gold remaining in the Tower, the House has taken Order, That Mr. Holland, a Member of this House, do inquire after that Parcel; and give an Account to the House of it; and secure it in the mean time.
Advance of Money.
Ordered, That Mr. Long be added to the Committee for Advance of Monies, that sits in London, in the Place of Sir Wm. Brereton, who is gone into the Country.
Sir Henry Cholmeley's Rents, &c.
Ordered, That Two hundred Pounds, taken up by Sir Hugh Cholmeley of Sir Henry Cholmlei's Rents, be forthwith paid unto Sir Henry Cholmeley: And that it be referred to the Committee for the Safety of the Kingdom to give Order for the Payment thereof; and likewise to take Order for the Furnishing of Sir Hugh Cholmley with some convenient Supply of Money.
Letter to Sir Hugh Cholmeley.
Sir Wm. Strickland and Mr. Darley are appointed to prepare a Letter, to be signed by Mr. Speaker, and sent to Sir Hugh Cholmeley, in Approbation of his good Service; and to express unto him the Care the House has taken for the Supplying of him with Monies.
Person plundered, &c.
Ordered, That the Petition of Mr. Stockdale shall be taken into Consideration in due time for his Relief. And do farther Order, That Sir John Goodrick, who plundered the said Mr. Stockdale to a great Value, and is now a Prisoner in Manchester, be not exchanged, or any other ways enlarged, until he make full Satisfaction to the said Mr. Stockdale, for the Wrongs and Injuries done unto him for his Losses and Damages sustained by the said Plundering.
3a vice lecta est Billa, An Act for the utter Abolishing and taking away all Archbishops, Bishops, Deans, Deans and Chapters, &c. out of the Church of England:
Upon the Question, passed.
Mr. Glyn is appointed to carry up this Bill to the Lords on Monday Morning next.
Collectors of Customers, &c.
Ordered, That the Committee, formerly appointed to sequester the Receipts of the Customs, upon the Discharging of the late Collectors of the Customs, do, on Monday next, at the Custom-house, enter the new Collectors of the Customs into the said Employment, and Charge of those Affairs, by making it known at the Custom-house, That the said Persons are nominated, constituted, and ordained, by the Lords and Commons, Collectors and Commissioners of the Customs and Duties upon Goods and Merchandize, exported out of, and imported into the Kingdom of England, and Dominion of Wales, and Town of Barwick, from the Twenty-third Day of January 1642: And that the said Committee do, at the same time, require and injoin the said Persons, so nominated and ordained Collectors and Commissioners of the Customs aforesaid, to enter upon the said Employment, and take Charge of the said Affairs accordingly.
Members disabled to sit.
Resolved, &c. That Sir Henry Slingsby and Sir Robert Strickland shall be forthwith disabled for continuing any longer Members of this House during this Parliament, for having been in actual War against the Parliament.
Message by Sir Ro. Rich and Mr. Page;
Commrs of Customs.
That the Lords do agree to the Ordinance for the Nomination of the new Commissioners and Collectors of the Customs.