House of Commons Journal Volume 3: 12 February 1644

Die Lunæ, 12 Februarii, 1643.

PRAYERS.

Printing Declarations.

ORDERED, That a Message be sent to the Lords, to acquaint them with the whole Passage, concerning their ordering the printing the Declaration of both Kingdoms; which was to the Intent, that Four thousand of them printed, with the Covenant, and other Declarations, might be dispersed by the Members of this House, for the Service of the Commonwealth; and that the Printers be forthwith discharged; and to acquaint them, that this House has appointed a Committee to examine the Matter of Fact in this Business, that Right may be done, without Offence to either House: And that the Books may be dispersed in the mean time, that the publick Service may receive no Prejudice.

Mr. Rous is to go up with this Message.

Sir H. Vane jun. Mr. Rous, Mr. Wheeler, Sir Wm. Alenson, Sir Walt. Erle, Mr. Pury, Mr. Blakiston, Mr. Whittaker, Mr. Strode;

This Committee is appointed to examine the whole Matter of Fact, and Circumstance thereupon depending, touching the printing of the Declaration of both Kingdoms, by Usbands, Printer to this House, by Order of this House; And they are to meet this Afternoon, at Three of Clock, in the Court of Wards: And have Power to send for Parties, Witnesses, Papers, Records.

Colonel Crawforde, &c.

Ordered, That the Consideration of the Lieutenant Colonel to Colonel Crawforde be referred, in like manner, to the Committee at Goldsmiths Hall, as Colonel Crawford is referred.

Kent, &c. Forces.

Mr. Lisle reports the Amendments to the Ordinance for the levying, regulating, and paying the Forces raised, and to be raised, in the Four associated Counties of Kent, Sussex, Surry, and Southampton: The which were twice read.

Resolved, &c. That this Ordinance, as to the first Amendment, the Clause concerning the Profits of Sequestrations, shall be re-committed to the same Committee; who are to inform the Scotts Commissioners of the Grounds of it; and to endeavour to give them Satisfaction therein.

Resolved, &c. That this Ordinance, as to the Clause concerning the Forces going out of their Counties, be re-committed to the same Committee.

Resolved, &c. That this Ordinance be re-committed to the same Committee, upon the whole Debate of the whole Business: And Sir Tho. Walsingham and Mr. Browne, are to send to the Committee at Kent, to desire some of them to come up to confer with this Committee and Sir Wm. Waller, touching some Matters that concern the expediting of their Forces of the Association: And this 8392 8391 1 2 Committee is appointed to meet this Afternoon, at Two of Clock, in the Star Chamber.

Waller's Brigade.

Ordered, That the Committee of the Western Gentlemen do meet this Afternoon likewise, at Two of Clock, in the Star Chamber, to consider of enabling the Residue of the Forces in Sir Wm. Waller's Brigade, over and above the Proportion of the associated Forces: And that the Gentlemen that serve for Kent do forthwith send down to the Committee at Knolle, to send Two of that Committee forthwith to attend the Committee of this House appointed to consider of Sir Wm. Waller's Ordinance.

Advance from Excise.

Ordered, That the Two hundred Pounds advanced by the Agents of the Commissioners of Excise, to Major General Skippon, for the Service of Newport Pagnall, be secured to the Commissioners by Ordinance; and that an Ordinance be brought in to that Purpose, by Mr. Nicoll.

Customs at Southampton.

Ordered, That it be referred to the Committee of the Navy to consider of the Ordinance concerning the Customs of Southampton, to the Benefit of that Town.

State of the Navy.

Ordered, That the Remonstrance of the Earl of Warwick, Lord Admiral, touching the State of the Navy, be read and taken into Consideration this Afternoon, at Three of Clock: And that the Letter from the Lord Admiral be then likewise ...

Judges.

Ordered, That it be referred to the Commissioners of the Great Seal, to consider of fit Persons to be constituted Judges in all the Courts of Westminster; and to present the Names of them to the Houses.

The Lords Concurrence to be desired.

House to meet.

Ordered, That the House do meet this Afternoon, at Three of Clock.

Writs of Error.

The Lords and Commons assembled in Parliament, taking into Consideration the great Prejudice and Inconvenience that may and doth acorue to the Subject, by the Stopping and Delay of Writs of Error, and also by discontinuing of Writs of Error, by the Courts not sitting in the Exchequer Chamber, and by the not effectual putting in Execution the Commands of the Great Seal of England, ordained and established by both Houses of Parliament; do Order and Ordain, That all Writs of Error brought in any of his Majesty's Courts at Westminster, sealed with the said Great Seal, and attested under the Hands of any Three or more of the Commissioners of the said Great Seal, whereof one Lord to be one, shall be signed by such of the Judges as are, or shall be, the ancient Judge then attending the said Courts, or any of them respectively; and that such Signing by any one of the said Judges, in the Absence or Vacancy of the Chief Justice, or any other ancient Judges, shall be as good and effectual, as if the same had been signed by the Chief Justice, or other ancient Judge; any Law, Usage, or other Matter, to the contrary thereof notwithstanding. And be it further Ordained, That, whereas divers Writs of Error, returnable in the Exchequer Chamber, are discontinued by the not coming of the Judges there, without any Default of the Parties prosecuting the said Writs; Be it Ordained, That, new Writs of Error being taken out, the Judges of the Court to whom they shall be directed, shall allow of the said Writs of Error, in the same Manner as they allowed the former Writs; that so, Execution may be stayed, till the same can be determined: And, that all Judges, Officers, and Ministers, and other Persons, shall duly perform, obey, and execute all such things as they, or any of them, shall be commanded or required to do, in their several Offices or Places, by Force and Virtue of the said Great Seal, as they should, or ought to have done, by Force or Virtue of any Great Seal of England; under Pain of answering their Contempt therein to both Houses, and Loss of their Places.

Relief of Gloucester.

Letter from Gloucester, 7 Februarii Instant; and a Petition of the Mayor, Burgesses, and Inhabitants of Gloucester; were read.

Duty on Currans.

An Ordinance for raising of Six Shillings per Cent. on Zant Currans, to be imported for the Relief of Gloucester, was read the First and Second time; and, upon the Question, committed unto the Committee for Gloucester; with the Addition of the Citizens of London, and the Burgesses of the Cinque Ports, and the Burgesses of Buckinghamshire: And are to meet To-morrow, at Two of Clock, in the Exchequer Chamber; and to call the Turkey Company before them.

Kelshall Rectory.

An Order for the placing of Mr. George Swinhoe in the Rectory of the Parish Church of Kelshall, in Hertfordshire, instead of Mr. James Swinhoe, late Incumbent thereof, who is lately dead, was this Day read; and, upon the Question, assented unto.

Ailisbury Garison.

Ordered, That the Business concerning the Garison of Ailisbury, for the speedy Relief and constant Pay thereof, be especially recommended to the Committee for the Safety, speedily to take the same into Consideration; and to make Report thereof unto the House.

Conveying Arms to King's Quarters.

Ordered, That the Committee for the Navy do bring in a Declaration against all Englishmen that shall convey any Arms or Ammunition, from any Parts beyond the Seas, to the King's Quarters; to be declared Enemies; and against Strangers; upon Pain .. having their Goods taken as Prize: And Mr. Whitlock is added.

Guillum's &c. Arrears.

The humble Petition of Captain Guillum, Captain Parry, and Mr. John Pitts Minister, was read; desiring that Two hundred and Fifty Pounds might be allowed them towards their Losses and Arrears, out of such Delinquents Estates as are not yet discovered: And

Ordered, That an Ordinance be brought in to that Purpose, by Sir Arthur Hasilrig.

Saint Bartholomew's Hospital.

Memorandum. That there was a Motion this Day made for Dr. Micklethwayt to be recommended to the Warden and Masters of the Hospital of Saint Bartholomew's, to be Physician, in the Place of Dr. Harvey, who hath withdrawn himself from his Charge, and is retired to the Party in Arms against the Parliament.

Committee of both Kingdoms- Prince D'Harcourt's Passes.

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

That the Lords adjourned their House till Five of Clock; and do desire a Conference concerning the Ordinance sent from this House, for appointing Committees to meet with the Commissioners of Scotland for the managing the Affairs of both Kingdoms.

They have sent down some Passes and Directions concerning the Prince D'Harcourt passing of himself, his Train, and Horses, necessary for his Journey into France.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Conference desired; and to the Passes, sent down from the Lords, concerning the Prince D'Harcourt.

Mr. Prideaux, Sir Henry Vane jun. Mr. Solicitor, Sir Phil. Stapilton, are appointed Managers of this Conference.

Messages to Lords.

Mr. Rous carried up to the Lords the Message concerning the printing of the Declaration of both Kingdoms; and the Printer: The Order for Two hundred Pounds to Lidcott and Vivars out of Haberdashers Hall: The Order for the Customs of Hull to the Lord Fairfax.

Mr. Serjeant Wilde carried up to the Lords the Ordinance concerning Writs of Error: And was appointed to put the Lords in mind of the Ordinances, of Accounts; concerning the Office of the Ordnance to Sir Walter Erle; concerning Middlesex; and the Garison at Woxbridge. concerning Middlesex; and the Garison at Woxbridge.

Conference reported.

Sir Henry Vane reports from the Conference, That the Earl of Denbigh declared, from the Lords, how willing they were that a good Correspondence should be still preserved and maintained between both Houses: That they had considered of the Reasons offered by this House; and do agree with this House in all that was desired by this House at the last Conference; only, they cannot admit of the Words "Order and Direct," for the Reasons they now delivered. Which were read.

Sir Henry Vane further reported, After the Reasons were read at the Conference, That the Earl of Denbigh said, That there was something delivered by the Gentlemen that managed the last Conference, which they were not so well satisfied with: The Words he could not directly repeat; but they were to this Purpose, that if this Committee were not appointed, that then the War would be prosecuted without the Direction of the Two Houses of Parliament.

Ordered, That it be referred to the Committee formerly appointed to prepare Reasons to be offered for not yielding to the Amendments, sent down by the Lords, to the Ordinance for appointing a Committee to meet with the Commissioners from Scotland, &c. to consider of these Reasons now offered at this Conference, and to prepare such other as they shall think fit; and to bring them in To-morrow Morning: And ... this Purpose they are to meet presently.

Saint Margaret's, Westminster, Vicarage.

An Order for sequestring of the Rents and Profits of the Curateship of the Parish Church of Saint Margaret's, Westminster, whereof Dr. Wimberly is now Curate, to the Use of Samuel Gibson, Batchelor in Divinity, a learned and orthodox Divine; who is hereby appointed and required to preach every Lord's Day there; and to take care for Discharge of the Cure of that Place, in all the Duties thereof; and shall have, and enjoy, for his Pains therein, paying all Duties that shall be due to his Majesty out of the said Church, the Vicarage House, together with all Tythes, Oblations, Emoluments, Fees, Stipends, and Profits whatsoever, belonging to the said Vicarage, or to the Curateship of the said Church, until further Order shall be taken by this House; was this Day read; and, by Vote, upon the Question, assented unto.