House of Commons Journal Volume 3: 22 January 1644

Pages 373-375

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 Lunæ, 22 Januarii, 1643.


Member discharged.

RESOLVED, &c. That Sir Alexander Denton shall be discharged and disabled for being a Member of this House, during this Parliament.

Letters detained.

Ordered, That the Pacquet of Letters, now sent from Mr. Boyse; and the Pacquet, staid some Four or Five Days since, that was going to France, now in Mr. Wakerleye's Hand; and the Letter from Oxon, now in Mr. Speaker's Custody; be referred to the Committee for the Safety; to consider what is fit to be done upon them all; and to report it to the House: And they are to meet upon it this Afternoon.

Message to Lords.

Sir Gilb. Gerard carried up to the Lords the Ordinance concerning Middlesex; and concerning the scandalous Ministers in the associated Counties: And was to desire that the Committee of the Safety might meet this Afternoon, upon Matters of great Concernment.


Sir Gilb. Gerard brings Answer, That the Lords will send Answer to the Ordinances carried up by him, by Messengers of their own; and do agree, that the Committee for the Safety shall meet this Afternoon, as is desired.

House to sit.

A Message from the Lords, by Serjeant Whitfield and Serjeant Finche;

The Lords have adjourned their House till Four of Clock; and they do desire, if it may stand with the Conveniency of this House, that they would sit at Four, in regard there is Business of great Importance that must be dispatched this Day.

Answer returned by the same Messengers; That this House will sit this Afternoon at Four of Clock, as is desired.

Message from Lords.

A Message from the Lords, by Sir Rob. Riche .....

The Lords have had a Petition delivered unto them on the Behalf of the Lord Lanerick, who desires to go into Scotland; and the Lords are inclined to the Petition; and think fit to refer to the Commissioners of Scotland, to do in it what they shall think fit.

The Lords have appointed Three Members of their House, and desire this House to appoint a Committee of a proportionable Number, to meet presently, to consider of preventing the Adjournment of the Term from Westminster to Oxon.

Earl of Lanerick.

The Earl of Lanerick's Petition to the Lords was read; and likewise a Petition from the said Earl to this House, presented, upon this Occasion, by Sir Philip Stapilton.

Resolved, &c. That the Earl of Lanerick shall be sent in safe Custody into Scotland.

Ordered, That the Manner of conveying of the Earl of Lanerick, in safe Custody into Scotland, be referred to the Committee for the Safety of the Kingdom; and that they do examine him upon such other Matters, as they shall think fit.

Adjourning Term to Oxford.

Mr. Serjeant Wilde, Mr. Solicitor, Mr. Sam. Browne, Mr. Reynolds, Mr. Whittlock, Mr. Maynard, are appointed to meet with a Committee of a proportionable Number of the Lords, presently, to consider of preventing the Adjournment of the Term from Westminster to Oxon.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and, as to the Petition of the Earl of Lanerick, they will send Answer by Messengers of their own: They have appointed a Committee of a proportionable Number to meet with a Committee of the Lords, to prevent the Adjournment of the Term.

Tewkesbury Return to be amended.

Ordered, That the Clerk of the Crown be required forthwith to attend the House, and, at the Bar, amend bury; and to return Mr. Edw. Stephens, to serve as Burgess in Parliament, for that Town.

Message from Lords.

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

The Lords have sent down by us an Order, which has been conceived by the Committee of both Houses, for the Prevention of the Adjournment of the Courts of Justice, without the Consent of the Parliament; and desire it may be printed this Night, and fixed To-morrow Morning at the Inns of Court, and in all other publick Places: They have likewise sent down the Answer of Wm. Archbishop of Canterbury, to the first, and further Articles of Impeachment, brought up by this House against him.

Order to be published.

The Order was read; and, by Vote upon the Question, assented unto; and ordered to be forthwith printed and published, and fixed at all the publick Places about the Town.

Archbishop of Canterbury's Impeachment.

The Archbishop of Canterbury's Answer was likewise read; and ordered to be referred to the Committee appointed to manage the Evidence against the Archbishop of Canterbury; and accordingly delivered to Serjeant Wilde.-

Examinations concerning Sir J. Hotham, &c.

Ordered, That Sir Wm. Strickland, Sir Henry Cholmeley, or any other, unless it be the Committee of this House, shall not proceed in the Examination of any Witnesses concerning Sir Jo. Hotham, or Mr. Hotham; and that, on Wednesday next, the Warrants signed by Sir Wm. Strickland, be brought into the House; and likewise, the Commission directed to Sir Wm. Strickland, and others, whereby he and others are authorized to grant out Warrants for the Examination of Witnesses.-

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Ordinance for preventing of the Adjournment of the Courts of Justice without the Consent of the Parliament; and to the Printing and Publishing; as is desired.

Sir Rob. Hatton.

Ordered, That Sir Rob. Hatton shall remain in Prison and Custody, where he is, for Ten Days longer, and not be removed to the Tower, unless the Exchange of Mr. Haselrig for himself shall be sooner effected.

Windesore Garison.

Ordered, That the Business concerning Windesore Garison be taken into Consideration on Wednesday Morning next; and that Mr. Nicoll do then make Report of that Business.

Earl of Manchester's Commission.

Ordered, That his Excellency the Lord General be desired to grant a Commission to the Earl of Manchester, according to the Ordinance of both Houses for the Seven associated Counties, to be Major General of the County of Lincoln; and to command all the Forces there, as well as of the other Six associated Counties.

Mr. Nicoll is to present this Vote.

Leave of Absence.

Sir Christopher Wray and Sir Anthony Irby have Leave, from this House, to go into the Country, and be absent for a Fortnight or Three Weeks.

Defence of Lincolnshire.

Ordered, That it be recommended to my Lord General, as the Desire of this House, that so many of the Horse in Lincolnshire, formerly under the Command of the Lord Willoughby, may be left there, as he shall think fit and necessary for the Defence of that County.

Aylesbury Garison.

Sir Gilb. Gerard presents, from the Committee of the Safety, what is necessary to be provided for the Garison of Ailesbury; which was read.

Ordered, That this Business of Aylesbury be referred to the Committee appointed on Saturday last, concerning the adding of Bucks and Bedford to the Seven associated Counties; and that they do consider of regulating the Garison of Ailesbury; and to make Report of it on Wednesday next: And are to meet To-morrow, at Two of Clock, in the Exchequer Chamber.

Miscarriages in Lincoln.

Sir Arthur Hasilrig, Mr. Prideausx, Mr. Holles, Sir Henry Vane, Mr. Solicitor, Sir Henry Cholmeley, Sir Wm. Strickland, Sir Wm. Lewes, Sir Gilb. Gerard, Mr. Bond, Sir Gilb. Pickering, Sir Peter Wentworth, Sir Phil. Stapilton, Mr. Whitlock, Sir John Corbett, Sir Wm. Massam;

This Committee is to take into Consideration the Miscarriages informed of in the County of Lincoln; and are to meet on Thursday next, at Two of Clock, in the Afternoon, in the Exchequer Court.

Military Stores.

Ordered, That the principal Officers and Commissioners of his Majesty's Navy Royal do forthwith, upon Sight hereof, give Warrant and Order unto the Store-keeper, or other Officer or Officers whom it may or shall concern, at Portesmouth, to deliver, upon Account, unto Henry Harding, for the Defence of Brownsea Castle and Warham, Six Pieces of Ordnance, with Carriages, Saddles, Emptions, Shot, and other Guns, Stores, and other Appurtenances to them fitting and belonging, out of the Ship May Flower, late Admiral of Falmouth; - taken by his Majesty's Ship the Eighth Whelp; or out of any other Ship, lately taken and brought into Plymouth, the said Ordnance to be chosen by the said Henry Harding, as he shall think fitting, for the Use of Brownsca Castle and Warham aforesaid.

Members deserting Parliament.

Resolved, &c. That these Members following shall be forthwith discharged and disabled for sitting, or being any longer Members of this House, during this Parliament, for deserting the service of the House, and being in the King's Quarters, and adhering to that Party;

Sir Alexander Denton, Mr. John Fettiplace, Mr. Tho. Howard, Sir George Stonehouse, Mr. Ambrose Mannaton, John Harris of Ratford, Joseph Jame, Mr. John Arundell, Mr. Franc. Godolphyn, Mr. Peirs Edgcombe, Mr. Wm. Glanvile, Henry Killigrew, Mr. Tho. Lower, Sir Richard Vivian, Mr. John Polewheele, Jonathan Rashley, Mr. Wm. Chadwell, Mr. Rob. Holborne, Dr. George Parry, Richard Arundell, Sir George Dalston, Sir Patricius Curwyn, Sir Wm. Dalston, Sir John Fenwick, Sir Tho. Stamford, Mr. Peter Venables, Sir Tho. Smyth, Mr. Franc. Gamull, Sir Thomas Heale, Mr. John Russell, Mr. Peter St. Hill, Sir Gerard, Napier, Mr. Gyles Strangewaies, Dr. Turner, Sir John Mallory, Mr. Mich.Wharton, Sir George Wentworth, Sir Theobald Gorge, Sir Edward Alford, Mr. Humphry Conisby, Mr. James Scudamore, Sir Samson Evers, Mr. Tho. Thomkins, Sir John Colpeper, Mr. Tho. Coke, Sir Roger Palmer, Mr. Wm. Stanhope, Lord Viscount Mansfield, Mr. Richard Catlyn, Mr. Jo. Fenwick, Mr. Edward Bagshaw, Mr. Francis Newport.

Sir John Trevor, admitted to sit as a Member of this House.

Dr. Eden, excused.

Resolved, &c. That Mr. Allestree shall be discharged from being Recorder of Derby; and that the Town do proceed to a new Election.

Mr. Roger Mathew, respited;

Mr. George Hartnall, respited;

Mr. Jo. Burlace, to be summoned, upon Fourteen Days Respite;

Mr. Henry Brett, to be summoned, upon Fourteen Days Days Respite;

Mr. Edward Mountague, to be summoned, upon Fourteen Days Respite;

Mr. Richard Seabourne, Fourteen Days Respite;

Mr. Walter Kinle, respited;

Mr. Arthur Jones, respited;

Ordered, That Mr. James Fines, Sir Philip Parker, and Sir Norton Knatchbull, shall have Leave to come into the House on Wednesday next, to take the Covenant.

Ordered, That the Committee for Privileges do consider of the Election of Mr. Watkins of Ludlow, and Sir Tho. Trevor for Monmouth; and report the same to the House.

Sir Rob. Napier, respited, upon the Excuse made by Sir Tho. Middleton.

Sir John Holland, excused, till Spring.

Sir Tho. Withrington, respited.

Sir Tho. Row, respited.

Sir Jo. Evelyn of Gadston, respited.

Mr. Edw. Bisse to attend the Committee, and to forbear to sit in the House, till the Committee has reported the Cause of his long Absence.

Mr. George Abbot, to be summoned, Fourteen Days Respite.

Mr. Poynings Moore, Fourteen Days Respite.

Sir Edw. Littleton, respited.

Messengers about Courts of Justice to be tried as Spies.

The Lords and Commons taking into their serious Consideration, the great Inconvenience that hath come to his Majesty's Subjects, by the late frequent Adjournment of the Courts of Justice, and by Spies resorting to the City of London and Westminster, under Pretence thereof; For the Prevention of the same for the future, do hereby Order and Ordain, That, in case any Person or Persons shall, at any Time hereafter, deliver, or cause to be delivered, to any of the Judges of any of his Majesty's Courts to be held in Westminster, or to any of their Clerks or Servants, or to any Officers of the said respective Courts, or any others, to be delivered to any of the said Judges, any Writ, Proclamation, or other thing whatsoever, sealed with any great Seal, other than the Great Seal of England now attending the Parliament, by Ordinance of both Houses; all and every such Person and Persons shall be proceeded against by the Law Martial, as Spies: And the Lord General is hereby desired forthwith to proceed against every such Person accordingly. And it is further Ordered and Ordained, That none of the said Judges, nor their Clerks, Servants, or any Officer or Officers of the respective Courts aforesaid, shall presume to receive, view, or any ways meddle with, any Writ or Proclamation, sealed with any great Seal, without first acquainting the Speakers of the Two Houses therewith, and receiving and pursuing the Directions to be given thereupon from both Houses of Parliament; upon pain of Imprisonment of their Persons, Sequestration of their Estates, and such further Punishment, as shall be thought meet by both Houses of Parliament: And that no Judge, Officer, or other Person whatsoever, presume to carry or cause to be carried, any Records, Writings, or other Memorials, from the Courts at Westminster, or other Places in or about the Cities of London or Westminster, unto the City of Oxford, or other Place where the King's Forces are, under Pain of incurring such or the like Penalties as aforesaid.

Ordered, by the Commons, assembled in Parliament, That this Ordinance be forthwith printed and published.


Ordered, That Mr. Green report concerning the Navy, on Wednesday Morning next.

Voluntary Contributions for Army.

Whereas, by a former Order of this House, of the Seventeenth of August last, the Aid and Assistance of the Lord Fairfax was especially and respectively recommended to the Counties of Norfolk, Suffolk, Essex, and Lincoln, and the City and County of the City of Norwich; and was, [by] this House, declared, that it should be held an acceptable Service in any Man that would give any Assistance in Men, Money, Plate, Horse, or Ammunition, to the Lord Fairfax; and that they should have the publick Faith for Repayment; and that Sir Wm. Constable Baronet, and such as he should depute and appoint, should have Power to receive the several Sums of Money, Plate, Horse, and Ammunition, subscribed within the Limits aforesaid: And whereas good considerable Sums of Money and Plate, besides some Horse and Ammunition, have been advanced and brought in by divers well-affected Persons in the said Counties, which came seasonably for the Relief of the Lord Fairfax, then besieged in Hull; which this House doth esteem of as a great Service done to the Commonwealth, by those that did so readily contribute, as aforesaid: It is this Day Ordered, by the Commons House of Parliament, in regard the Lord Fairfax intends shortly to take the Field; and that the Treasure of the Kingdom is so exhausted, that a present considerable Supply of Money cannot be sent to the Lord Fairfax; That the said Order of the Seventeenth of August, and the Aid and Assistance therein mentioned, be revived, and further recommended, by the said Sir Wm. Constable, or such as he hath deputed, or shall depute or appoint, to such Places in the said Counties as the same hath been effectually prosecuted in, and also to the Counties of Harts, Huntington, Cambridge, and the Isle of Elye, to be, with all Effect, put in Execution in all the Parishes within the same: And all the Ministers, in the several and respective Parishes in the said Counties, and the Isle of Elye, are desired effectually to publish this Order, and to stir the People affectionately to contribute to so necessary a Work. And it is further Ordered, That Sir Wm. Constable be authorized, by himself, or such as he hath deputed, or shall depute or appoint, to call all particular Deputies and Collectors of Hundreds or Towns, or any intrusted or employed in receiving the said Aid and Assistance, before them; and to examine the Particulars thereof, together with their Acquittances and Discharges; and to receive a full Account of the Premises; and likewise to receive all such Monies, Plate, Horse, and Ammunition, as shall remain due, either by any of the said Parties intrusted, or by any that have subscribed, and not paid accordingly; and, where they shall find any Default in accounting for, or in not paying, such Sums as is due, or any that shall oppose the said Aid and Assistance, or that shall slight or neglect the same, to certify the same to this House; to the end that further Order may be taken therein: And this House doth desire the several Committees, in the respective Counties, to be aiding and assisting to this so good and necessary a Work.

* * * *

Lee's Sequestration.

Ordered, That Mr. Ward, a Factor in London, be required to pay, according to the Direction of the Lords and Commons for Plymouth, Poole, and Lyme Regis, all such Monies, Goods, and Debts, as he hath in his Hands, of Mr. Thomas Lee of Tiverton, in the County of Devon; for the Use of Lyme Regis, in the County of Dorset: He, the said Mr. Ward, is to be allowed to keep in his Hands, all such Monies as he shall receive of Mr. Thomas Lee, now in his Hands, of Mr. Ward's: And this House will secure and save the said Mr. Ward harmless and indemnified against the said Mr. Lee for so doing: And the said Mr. Ward is hereby required to appear before the Committee of Lords and Commons for Plymouth, Poole, and Lyme, the Twenty-fifth of this Month of January, at Two of Clock in the Afternoon; where he is to account for all such Monies, Goods, and Debts, as he hath of Mr. Thomas Lee's.