House of Commons Journal Volume 3: 24 January 1644

Pages 375-377

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 Mercurii, 24 Januarii, 1643.


Examinations by Army, relating to Members.

ORDERED, That the Advocate of my Lord General's Army be summoned forthwith to attend the House.

Mr. Strode and Mr. Nicoll are appointed to go to my Lord General, to acquaint his Excellency, That, upon some Informations, concerning some Examinations taken before the Advocate of his Army, that relate unto some Members of this House, they have sent for the Advocate; and do desire his Excellency, that, if he have in his Hands any Interrogatories or Examinations, that concern any Members of this House, that he would send them to the House.

French Letters.

Ordered, That the Pacquet of French Letters, now in Mr. Wakerleye's Hand; and the Pacquet of French Letters, stayed in Kent, and sent hither, and referred to the Consideration of the Committee for the Safety; be, upon the Report from that Committee, delivered all unto Monsieur Du Molin, Agent here for the Affairs of France.

Money for Army.

Resolved, &c. That the Committee at Haberdashers Hall do forthwith pay, out of the Monies there, unto the Treasurers at Guildhall, Seven hundred Pounds, to be by them forthwith paid over to the Treasurer at Wars, and by him paid over to his Excellency, for Repayment of so much advanced by his Excellency, for the Service of the Forces under his immediate Command.

The Lords Concurrence to be desired herein.

Resolved, &c. That Two thousand Pounds, out of the Monies at Haberdashers . . ., shall be added to the Ten thousand Pounds, formerly assigned to the Service of the Forces under the immediate Command of his Excellency, and sent down, upon Account, to pay that Army; and that the Committee, at Haberdashers Hall, do forthwith pay the said Sum of Two thousand Pounds to the Treasurers at Guildhall; and that by them it be forthwith paid over to the Treasurer at Wars, upon Account, to be paid, and sent down to the Army, accordingly.

The Lords Concurrence to be desired herein.

Army Committee.

Sir H. Vane sen. Mr. Scawen, Mr. Jo. Ashe, Mr. Dowse, Mr. Holles, Sir Gilb. Gerard, Sir Jo. Corbet, Mr. Pury, Mr. Cage, Mr. Reynolds, Mr. Trenchard, Mr. Green, Sir H. Mildmay;

This Committee is appointed to consider of a Way to be informed of the State of the Armies, and of regulating the Way of their Musters, and of Payment of the Monies assigned unto them, and of bringing them to Account, that the State may receive Advantage by it; and to consider of Persons to be sent down in the Behalf of the State, for the present mustering of the Army, and for the taking care of Payment of the Monies, and for viewing the State of the Arms, and to prevent the Embezzling, Destruction, and Waste, of them: And have Power to send for Parties, Witnesses, and the Commissaries of the Armies; and for Papers, Writings, and Records: And are to meet this Afternoon, at Three Clock, in the Star Chamber: And it is especially recommended unto Mr. Scawen to take care of this Order.

Treatment of a Spy, &c.

Mr. Strode reports, from the Lord General, That, upon reading of the Order, he said, that he did understand there was a Spy come to London from the Enemies Army; and thereupon caused him to be apprehended, and examined; and, because it did relate to Members of Parliament, he did forbear to hang him as a Spy, and so did let him alone for the present: He said further, Whereas it is said that it is his Intention to try Members of Parliament by Martial Law; That it was far from his Intention; and had thought this Day to have communicated the Examinations to both Houses; the which he hath, upon the Order, sent to this House; and desires they may be returned, that the Lords may be acquainted with them.

The Examinations of James Hudgebant, Gentleman Usher to the old Lady Lovelace, taken in Essex House, Januarii 18, 1643;

The Examinations of Mr. Moses Wall, Chaplain to the Earl of Warwick, Lord Admiral, taken, London, Januarii 19, 1643;

The Examinations of Peter Sterry, Chaplain to the Lady Brooke, taken, London Januarii 20, 1643; and the Interrogatories, whereupon Mr. Hudgebant was examined; and the Copy of Sir H. Vane's Letter, in Answer to the Lord Lovelace's; were all read; concerning the Passages of the Lord Lovelace his Letter to Sir H. Vane jun. &c.

Message from Lords.

A Message from the Lords, by Sir Edw. Leech and Dr. Aylett;

The Lords desire a Conference, presently, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Isle of Wight.

They have likewise sent down the Names of divers Gentlemen, to be added Deputy Lieutenants of the County of Surry; in which they desire the Concurrence of this House.

They do intend to sit this Afternoon at Four of Clock; and do desire this House would do the like, if it may stand with the Conveniency of this House.

Deputy Lieutenants.

The Names of the Deputy Lieutenants were these: Wm. Lord Mounson, Sir Wm. Elyott Knight, Sir Jo. Dingley Knight, Sir Matthew Brand Knight, Sir Rob. Wood Knight, Edm. Jordan, Henry Tunstall, F. Drake, Rob. Wood, John Goodwyn, Geo. Farewell, Esquires:

These Names were read; and, by Vote upon the Question, assented unto.

House to meet.

Ordered, That the House do meet this Afternoon, at Four of Clock, as is desired.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered their Lordships Message, and will give a present Meeting at a Conference, as is desired;.... to the Deputy Lieutenants for the County of Surry: And have resolved to sit this Afternoon at Four of Clock.

Examinations concerning Members.

The Advocate was called in: And, being demanded what was the Matter of the Conference between Mr. Solicitor, Sir Henry Vane jun. and himself, on Monday last, in the Court of Exchequer, or Court of Requests, touching any Examinations, wherein any Members of this House are concerned; desired he might return back three or four Days; " which will serve as an Introduction to the Answer I must make upon this Demand.-I was, upon Thursday last towards the Evening, in my ordinary Attendance upon my Lord General, at his House: There, One came unto me, and told me, That Captain Horsey had brought in a Prisoner, taken as a Spy: I examined him as a Spy; and found him to be a Servant to my Lord Lovelace: I took his Examination; and in That Examination I found mentioned one Mr. Wall. I told his Excellency of the Spy, and of the Examination taken. My Lord General commanded me to examine Wall; which I did accordingly; and found it did agree with the other Examination. Wall named a third Man, one Mr. Sterry; who was also examined: That they were all Three examined by me, not as Advocate of the Army;-for then I had kept the Examination myself, and had made use of them at a Council of War;-which now I delivered to his Excellency."

" Upon Monday after, I came to shew Mr. Solicitor a Commission for Trial of Delinquents by Martial Law: And to us came young Sir H. Vane: And they Two walked aside together: And after a little Time, Mr. Solicitor and Sir Henry Vane came to me again, as if they had an Intention to speak unto me. I, by way of Prevention, acquainted them that I had taken some Depositions, wherein they were concerned; which I did ministerially: And I conceived they had come to me to speak of such a thing."

Mr. Recorder, Sir Henry Vane sen. Mr. Holles, Sir Peter Wentworth, Mr. Ellis, Mr. Green, Mr. Peirpoint, Sir Jo. Clotworthy, Mr. Holland, Sir Anth. Irby, Mr. Prideaux, Colonel Cromwell, Sir John Corbett, Serjeant Wilde, Mr. Pury, Mr. Rous, Sir Wm. Strickland, Sir Rob. Harley, Sir Phil. Stapilton, Sir Symond D'Ewes, Mr. Noble;

This Committee is to examine and consider of the Proceedings upon the Examinations taken by the Advocate of the Army, in the Business concerning the Letter from the Lord Lovelace to Sir Henry Vane (which likewise relates to other Members of this House;) and to report their Opinions to the House upon the whole Matter: And have Power to send for Parties, Witnesses, Papers, Records: And are to meet To-morrow, at Two post Meridiem, in the Court of Wards.


Ordered, That the Report concerning Accounts be made forthwith.

Sir John Hotham.

Sir Henry Cholmley delivered unto the House the Commission from my Lord General, to examine Witnesses, upon Oath, on Sir John Hotham's Behalf.


Ordered, That the Committee of Excise do examine what Debt is due unto the State for Goods intrusted with the Owners by the Commissioners of Excise.

Church Government.

Ordered, That Mr. Rowse do move the Assembly from this House, to hasten their Resolutions concerning their Settlement of the Government of the Church.

Turkey Company.

Mr. Green reports from the Committee of the Navy appointed to consider of the Turkey Company's Desire, an Ordinance; which was Once read; and ordered to be read on Saturday next, the Second time.

East India Company.

He also presented an Ordinance for securing of Six thousand Pounds to the East India Company, which they have advanced: The which was read twice; and, upon the Question, passed; and sent unto the Lords for their Concurrence.

Ordered, That the Ordinance concerning the Trading of the East India Company be read on Saturday next the Second Time.

Oldfeild's Imprisonment.

Ordered, That George Oldfeild, employed by the Committee of Lords and Commons for the Safety of Plymouth, into Kent, and there imprisoned, shall forthwith attend the Committee of Lords and Commons for Plymouth: And the Deputy Lieutenants of Kent are to certify the Cause of his Commitment unto this House.

Persons to attend.

Ordered, That Michael Belt and George Coveney be forthwith sent for, to attend the Committee of Lords and Commons for the Safety of Plymouth.

Assembly of Divines.

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

That the Lords desire, that Wm. Good, Minister of Denton in Norfolk, be added to the Assembly of Divines; and also Mr. Horton, Divinity Lecturer at Gressam College.

Answer returned by the same Messengers; That this House will send Answer by Messengers of their own.


An Ordinance for enabling Sheriffs better to execute their Offices, was twice read.

Salt Petre.

An Ordinance concerning the taking off of Mr. Courten's Salt Petre, according to Articles formerly agreed upon by the Committee for the Safety, and confirmed by this House, was this Day read the First time.

Answer from Lords.

...... The Lords do agree to all the Three Ordinances carried up by him: And that this House shall propound unto * at this next Conference, the regulating of * * *


A Message from the Lords, by Sir Edw. Leeche and Dr. Aylett;

The Lords intend to adjourn their House till Friday Morning next, at Ten of Clock.

Ordered, That this House be adjourned till Friday Morning next, at Ten of Clock.


Mr. Rous, Mr. Lisle, and Sir H. Mildmay, are appointed Reporters of this Conference.

Windsop Garison.

Ordered, That Windsor Garison Business be reported on Friday Morning next: And Mr. Nicoll is then to report that Business.

Affairs of Poole.

The Business concerning Poole is, by Order of this House, to be taken into Consideration on Friday Morning next.

Tobacco Trade.

Ordered, That the Petition of many Citizens, as well Merchants as others, inhabiting in the City of London, and Trading in the Commodity of Tobacco, be referred to the Committee of this House for Excise; who are to report their Opinions upon the whole Matter unto this House: And have Power to receive such Propositions as the Petitioners offer unto them, concerning the Particulars mentioned in their Petition.

Money detained.

Ordered, That the Business concerning the Thousand Pounds in Rixdollars, stayed by * Waterton Constable of Stepney, and now in Major Bellamie's Hand, be referred to the Examination of the Committee at Goldsmiths Hall: And that if it shall accrue to the State, that then Fourscore Pounds thereof be paid to Mr. John Pickering, and Two hundred Pounds to Mr. Walter Strickland; and the Residue to be paid to the Bandiliers and Girdlers, proportionably, upon Account, in part of Satisfaction of the Arrear to the said Girdlers and Bandiliers due from the State: And the said Major Bellamy is required not to part with the said Monies, or any Part thereof, till the Business hath been examined by the said Committee; and reported; and Order taken therein by the House.

Payment to Bastwick.

Ordered, That the Committee at Haberdashers Hall do forthwith pay, out of the Monies there, One hundred Pounds to the Treasurers at Guildhall, London: And that the said Hundred Pound be paid by them to the Treasurer at Wars, upon Account; and, by him, forthwith paid over to Mrs. Susanna Bastwick (Wife of Dr. Bastwick) or her Assigns, upon Account, in Part of the Arrear due unto the said Dr. Bastwick, now Prisoner in York Castle.

The Lords Concurrence to be desired herein.

Contract for Arms.

Ordered, That the Committee for the Safety of Poole, and Lyme Regis, do contract for Arms, to the Value of Five hundred Pounds; and that then, according to that Contract, they appoint Somebody to receive the said Monies at Haberdashers Hall, according to former Order.

Appointing Sherifls.

Forasmuch as it is of great and important Necessity, for the publick Safety of the Realm, and Execution of Justice, which hath been so long obstructed and hindered by this unnatural War raised against the Parliament, that the Office of High Sheriff of Counties should be forthwith supplied and settled upon Persons on whose Worth and Fidelity the Parliament and Commonwealth may confide; Be it Ordained, by the Lords and Commons, assembled in Parliament, That the several High Sheriffs that now are, or hereafter shall be, nominated and appointed by the said Lords and Commons, for this Year next ensuing, shall be and are hereby authorized to execute the said Office; and to have, use, and enjoy all such Power, Authority, Jurisdiction, and other Incidents whatsoever belonging to the said Office, in as full and ample manner, as any other High Sheriffs of Counties formerly have, or of Right ought to have, used, exercised, or enjoyed; and as if they had been appointed and nominated at the Time and Place, and in the usual Manner, heretofore accustomed. And be it further Ordained, That, in the Oath, which is to be taken by the said High Sheriffs, as belonging to their said Office, these Words, viz. "unless ye be otherwise licensed by the King," shall be altered, and instead thereof, the Words shall be, and the Oath so taken, viz. "unless ye be otherwise licensed by the Lords and Commons in Parliament:" And that it shall and may be lawful to and for all or any the said High Sheriffs to go out of their respective Counties, by Licence of the said Lords and Commons, or when and as oft as Need shall require, for the Defence of their said Counties, or publick Safety of the Realm. And it is likewise Ordained, That, in the Writs of Assistance to be granted to the said High Sheriffs, these Words, "Archiepiscopis & Episcopis," shall be from henceforth left out. And, lastly, Be it Ordained, by the said Lords and Commons, That for the better Furtherance of the said Service, and the Encouragement of those which shall undergo this great Trust and Employment, that all extraordinary Charges, which shall be necessarily incident to the said Office of High Sheriffs, in a moderate and reasonable Manner to be expended, shall be defrayed out of the Fines, Amerciaments, and other Profits of the County, which they are accountable for in the Exchequer; the same to be allowed them upon their Accounts, or by such other Ways or Means as shall be thought fit and ordered by both Houses of Parliament. All which Premises are so ordained by the said Lords and Commons, upon mature Deliberation, and upon great and urgent Necessity, in these Times of imminent Danger; any Law, Statute, or Usage, to the contrary thereof in any wise notwithstanding.

Resolved, and assented unto; and ordered to be sent to the Lords, for their Concurrence.

Message to Lords.

Sir H. Mildmay carried up to the Lords, the Order for Repayment of Seven hundred Pounds to his Excellency, (formerly advanced by him) out of the Monies at Haberdashers Hall; The Order for Two thousand Pounds, to be sent to his Excellency's Army, out of the Monies at Haberdashers Hall; The Order for securing Six thousand Pounds, advanced by the Turkey Company: And was to desire the Lords, that, at this Conference, the House might communicate Something concerning the Houshold at Saint James's.


Sir H. Mildmay brings Answer, That the Lords do agree to all the Orders carried up by him; and that the House may communicate Something at this Conference, touching the Family at Saint Jame's.

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