House of Commons Journal Volume 3: 5 October 1643

Pages 263-265

Journal of the House of Commons: Volume 3, 1643-1644. Originally published by His Majesty's Stationery Office, London, 1802.

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Die Jovis, 5 Octobris, 1643.


Seizure of Scotch Soldiers, &c.

A LETTER from the Chancellor and Council of Scotland, concerning Sir James l' Amont and Sir Joseph Douglas their Soldiers being seized and stayed by Captain Ashley, was this Day read: And

It is Ordered, That this Letter and Petition, concerning Sir James l' Amont and Sir Joseph Douglas, be referred to the Consideration of the Committee of the Navy; to examine what Goods have been taken from them, and by whom; and what Damages and Losses they have sustained by the Seizure of their Ship; of Detention, and the Stay of their Soldiers; and to consider of some speedy Course, Restitution, and Satisfaction; and to make a speedy Report thereof to the House.

Recorder of Maidston.

Ordered, That the Information given to the House, concerning Mr. Tinsden, Recorder of Maidston, be referred to the Committee for Examinations.

Importing Currans.

Mr. Niclas reports, that at the Conference on Friday last, the Lord Say told them, That there was an Ordinance made by both Houses, concerning the inhibiting the Importation of Currans; and another Ordinance in pursuance of That; that, notwithstanding this, the Committee for the Navy had discharged some Currans without the Lords Consent; which they conceive to be a Breach of Privilege of both Houses: They are sure it is of theirs; and desire it may be so no more.

Upon the humble Petition of Oliver Bowles, this Day read in this House; it is Ordered, That the said Oliver Bowles shall have Liberty to land Forty-five small Cask of Currans, formerly brought into Holland in the Nicholas of London, and since shipped in the Edward of London, whereof Rich. Hemker is Master; and in the Sarah of London, whereof Rob. Jacobs is Master; and brought hither; paying such Customs as by Act or Ordinance of Parliament are due.

The Lords Concurrence to be desired herein.

Army Affairs.

Ordered, That Sir Arth. Heselrig, Mr. Prideaux, Sir Gilb. Gerard, Mr. Tate, Mr. Nicoll, do go to my Lord General, to acquaint his Excellency with the Proceedings of this House, and of the Committee for the Safety, concerning the Horses assigned to Sir Wm. Waller's and Sir Arth. Heselrig's Regiments, by Commissions from the Earl of Manchester; and the Proceedings of their Officers upon the said Orders: And it is referred to his Excellency to do herein as shall seem best to his Excellency, for Dispatch of the Service.

Message to Lords.

Sir Rob. Pye carried up to the Lords the Ordinance for taking away the Proviso in a former Ordinance for raising Fourteen thousand Pounds, within the Line of Communication; which exempts the Members of both Houses, and their Attendants, from Payment: And the Ordinance for the Payment of the Train of Artillery: And is to put the Lords in mind of the Ordinance concerning Saltpetre.

Subscriptions in Essex, &c.

Whereas Mr. Edward Rood Minister, was employed by Sir Wm. Constable Baronet, a Member of this House, for raising and collecting of Monies in the Counties of Essex and Suffolk, subscribed upon the publick Faith, for Supply of the Lord Fairfaxe his Army, according to an Order of this House, of the Seventeenth of August last past; which said Mr. Rood is lately dead: And whereas Mr. Samuel Chamber and Mr. Samuel Smallbone were appointed by the said Mr. Rood to be aiding and assisting unto him in the collecting Monies accordingly; and have now in their Hands, and brought up to London, the Sum of Six hundred and Eleven Pounds Fourteen Shillings, in Money; Six hundred Thirty-one Ounces of Plate; in Gold Rings Eleven Ounces; Three Geldings and One Mare, and Three Case of Pistols, subscribed according to the aforesaid Order: It is this Day Ordered, That the said Mr. Chamber and Mr. Smallbone shall pay over the said Money, and deliver the said Plate, Geldings, Mare, and Pistols, unto Mr. * Bourcher, Mr. Dr. Parker, and Mr. Jo. Odingsells, Treasurers appointed by Sir Wm. Constable to receive Monies, Plate, and Horses, so raised, upon the said Order: And they are hereby ordered to pay and deliver the same over forthwith unto Wm. White Esquire, Agent for the Lord Fairfaxe, upon Account; who is hereby required to send the same immediately to the Lord Fairfaxe, and not to pay old Debts therewith: And an Acquittance, under the Hands of the said Treasurers, shall be a Discharge to the said Mr. Chamber and Mr. Smalbone, and to the Executors and Administrators of the said Mr. Rood: And an Acquittance, under the Hand of the said Mr. White, shall be a sufficient Discharge to the said Treasurers, for so much as they shall pay, or deliver, by virtue of this Order.


Alderman Penington Lord Mayor, Serjeant Wilde, Mr. Roll, Mr. Vassall, Mr. Ashe, Mr. Rob. Goodwyn, Mr. Reynolds, Mr. Recorder, Mr. Gurdon, Mr. Bond, Mr. Corbett, Mr. Nicholas, Sir Hen. Mildmy, Mr. Rose, Mr. John Ashe, Mr. Bence, Mr. Jo. Goodwyn;

This Committee, or any Four of them, have Power to set a Price on Wines, according to the Excise; and to receive Information, from time to time, from the Commissioners of Excise, of any Obstructions, and other Matters concerning the Ordinance of Excise; and to consider of such Things as may further the speedy putting in Execution the said Ordinance: And are to meet, when and where they please; and to give an Account to this House, from time to time, of their Proceedings.

Message to Lords.

Sir John Clotworthy went up to the Lords, with Two Orders, concerning Colonel Hill and Captain Upton; and the Order concerning the Parties employed in Holland for the Irish Affairs.

Barecroft's, &c. Delinquency.

Mr. Moore reports from the Committee for Prisoners: Whereupon it was

Resolved, &c. That Mr. Barecroft be adjudged a Delinquent.

Ordered, That it be referred to the Committee for Prisoners to compound with Mr. Colepepper and Mr. Barecroft, as they shall think fit; and to release them upon those Terms, as may be most safe for the County of Kent.

Lords agree to Ordinance.

Sir Jo. Clotworthy reports, the Lords agree to the Orders he carried up.

Answer from Lords.

Sir Robert Pye reports, the Lords do agree to the Order concerning the Train of Artillery; and for that of Saltpetre, and they will send an Answer by Messengers of their own.


Ordered, That it be referred to the Committee for Prisoners, to require the Serjeant to give an Account what Bail hath been given for Prisoners; and that they present the same to the House; and inquire who have forfeited their Bails.

Hales, &c. Estates.

Ordered, That the Committee at Haberdashers Hall shall have Power to pawn the Estate of Sir Edward Hales and Sir George Sandis, provided the Profits thereof be not diverted from the Ordinance for Sequestrations.

Sir Henry Berkley.

Ordered, That Sir Edward Hungerford be enjoined to do his Endeavour to bring back Sir Henry Berkley.

Fraudulent landing of Wines, &c.

Mr. Green reports from the Committee for the Navy: Whereupon it was ordered as followeth;

Upon Information given this House under the Hand of Roger Bungy * of the Port of Lyn Regis, that the several Persons here under-named have fraudulently landed Wines, and other Merchandize, in the Port of Lyne, since the Twenty-fifth of May 1641, without making Entry of their Goods, or Payment of the Customs due for the same; it is this Day Ordered, That the Earl of Manchester, or the Governor for the Time present, be desired to summon the said Persons to appear before him; and, in case they refuse to make Satisfaction of the several Sums of Money due, that his Lordship do compel them to the same, by such Ways as his Lordship, or the Governor for the Time being, shall think fit; or otherwise to send such of them as refuse, in safe Custody unto the House; who will take such further Course therein, as their Contempts shall merit: Which Monies are to be paid unto such Creditors of the Navy, as the Committee of the Navy shall appoint.

John Lucas, John Percivall, Barnard Utber, Henry Armstronge, Rich. Davy, John Symmes, Robert Thorogood, Wm. Murford.

Transporting Corn, &c.

Ordered, That the Committee of the Navy do give Order to the Commissioners of the Customs, that they permit all such Corn, and other Goods, lately imported by way of Price in the Hector and Sampson of Bristoll, to be transported free of Custom, according to a Contract made by the Committee of the Navy, with the Buyers of the said Goods.

Army Affairs.

Sir Arthur Hasilrigge reports, that my Lord General will speedily consider of the Business recommended unto him by this House.

French Ambassador.

Message from the Lords, by Sir Robert Rich and Mr. Page;

That the Lords do desire a Conference presently in the Painted Chamber, if it may stand with the Conveniency of this House, to consider of the Manner of entertaining the French Ambassador, as may be agreeable to the Honour of so great a Person.

Answer returned by the same Messenger; that this House will give a present Meeting, as is desired.

Mr. Recorder, Sir Christopher Yelverton, Sir Henry Mildmay, are appointed Reporters of this Conference.

Affairs of Glocester.

Ordered, That the Business of Glocester be taken into Consideration on Saturday Morning; and that, in the mean time, the Committees for Monies do consider of providing Monies for Glocester.

Scotch Affairs.

Message from the Lords, by Sir Rob. Rich and Mr. Page;

That the Lords do desire a present Conference, to the end they may impart something concerning the Scotch Affairs.

Answer returned, that this House will give present Meeting, as is desired.

Serjeant Wilde, Mr. Prideaux, and Mr. Lisle, are appointed Reporters of this Conference.

Apprehension of Mountague.

Captain Lee reports the Passages concerning the apprehending of Mr. Walter Mountague at Rochester.

Resolved, &c. That Mr. Walter Mountague be committed close Prisoner into the Tower of London; and none permitted to speak with him but his Keeper; and that he be so kept at his own Charges.

Ordered, That Thanks be returned, by this House, to Captain Lee, for the good Service he hath done in apprehending of Mr. Walter Mountague: And this House will save him harmless for what he hath done therein.

The Question being put, whether the Letters, brought by Mr. Mountague, sealed with the Arms of France, and directed to both their Majesties of England, should be now opened;

It passed with the Negative.

Sir Henry Mildmy, Sir Peter Wentworth, Mr. Recorder, Mr. Millington, Mr. Corbett, Sir Christopher Yelverton, and Sir Walter Earle, or any Three of them, are appointed to examine Mr. Walter Mountague, on such Matters as they shall think fit: And that they make Report thereof to the House.

French Ambassador.

Mr. Recorder reports the Conference;

That the Lords had received a Letter from my Lord of Warwick, desiring, that both Houses of Parliament would take some Care, that the French Ambassador may be received with Honour; and to that End had appointed the Earl of Denbigh to go down to Gravesend.

Ordered, That Sir Henry Mildmay and Sir Edward Hungerford do go to Gravesend, with the Earl of Denbigh; to entertain the French Ambassador.

Pope's Bull, &c.

The Pope's Bull for Canonizing such Catholicks as die in the War (intercepted) was read; and the Declaration upon it, and upon the Colours lately taken in the King's Army, was read also; and, upon the Question, assented unto; and ordered to be sent up to the Lords for their Concurrence; and be printed and published.

Transactions with Scotland.

Mr. Serjeant Wilde reports the Conference desired by the Lords, concerning the Scotts Propositions:

The Amendments were read; and put to the Question, and assented to.

Resolved, &c. That there be a standing Committee of the Convention of Estates in Scotland, to reside in England.

Dr. Holdsworth.

Ordered, That Sir Henry Mildmay do send the Order concerning Dr. Holdsworth to Cambridge; and write a Letter therewith.

Money in Vane's Hands.

Ordered, That the Eighty-two Pounds in the Cofferer's Hands, be delivered over to Sir Henry Vane; and that Sir Hen. Vane do detain in his Hands the Two thousand Pounds, with Interest, due to Sir Jo. Harrison.

King's Revenue.

Ordered, That Mr. Ashton, Mr. Scowen, and Mr. Harvey, do attend the Committee for the King's Revenue, to receive the Directions of that Committee; and that they do peremptorily attend on Saturday next.


Ordered, That the House be adjourned till Eight of Clock, upon Saturday next.

Apprehending Berkley.

Resolved, &c. That Sir Henry Berkley be forthwith apprehended and remanded to the Prison, where he was formerly committed unto; and that the Court of Guards do use all Care to apprehend the said Person.

County Committees.

Resolved, &c. That the Knights of the Shire for each County, and in their Absence, the Burgesses of any Towns in the several Counties, do, before Saturday next, at Night, send in to the Clerks of the Committee of both Houses at Haberdashers Hall, the Names of the several Committees, in their several and respective Counties; who take care of the Execution of the Ordinances of weekly Assessments, Sequestration, and Twentieth Part; and in what Places and Days they sit; and who are the Treasurers by the several Committees appointed, and Solicitors, upon the said several Ordinances.

Hertford Committee.

Ordered, That Thomas Nickolls Esquire, John Robotham Esquire, Ralph Pemberton, John Thewer, Christopher Earle, Captain John Kensey, Captain George Stratford, Captain William Burre, Captain Wm. Love, Mr. Dalton, the now Mayor of Hertford, Nicholas Humfrey, Nathaniel Mainnesty, Ralph King, John Finch, Mr. Price of Abbotts Langley, John Gates, Thomas Marsh, and Captain John Gruble Gent. are added to the Committees at Hertford for the several Ordinances of Parliament.

Dr. Oldsworth.

Ordered, That whereas Dr. Oldsworth, now Prisoner to the Parliament for his Delinquency; and, notwithstanding, during his Imprisonment, is lately chosen the Lady Margaret's Divinity Professor, in the University of Cambridge; that neither Vice Chancellor, nor Deputy Vice Chancellor, nor Proctor, nor any other, to whomsoever it may belong, according to the Statutes of the University, do presume to admit him, or suffer him, to exercise that Place, or receive any Profits thereunto belonging, until it appear from this House, that he hath satisfied the Justice of Parliament: And, in the mean time, for the better securing of his Person, in obedience to the Order of the Second of this Instant October, that he be removed to the Tower of London, there to remain in safe Custody till the Pleasure of the House be further known; and that the present Lieutenant of the Tower be specially required, that none of the foresaid Officers, or any deputed by them, be permitted to come to him, whereby they may give him any Oath or Admittance into the said Place of Divinity Lecturer.

Buckingham Sequestrations.

Ordered, That Thomas Theed Serjeant Major to Colonel Terrill's Regiment at Aylesbury, Christopher Egleton, John Deverell, George Baldwyn, Captains in the said Regiment at Ailesbury, and Edmund West Esquire, are added to the Committee for Sequestrations in Com' Buck'.

Seizing Money, &c.

Ordered, That Captain Robert Huntington, or his Lieutenant and Ensign in his Absence, or either of them, shall and may, from time to time, make diligent Search, and seize all Monies that are transported out of the Kingdom, and all Letters going and coming from beyond Seas, that are prejudicial to the State; and thereof to give an Account unto this House; and likewise of all Arms and Ammunition, sent from beyond Sea, without Authority of Parliament; and of all dangerous Persons that resort unto the said Town, or unto Golston or Laistoffe; and to keep them in safe Custody, till further Order from this House.