House of Commons Journal Volume 3: 7 May 1644

Pages 482-485

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 Martis, Maii 7, 1644.


Coventry Committee.

ORDERED, That Wm. Jesson Esquire, John Barker Esquire, be added to the Committee for Sequestrations for the City and County of the City of Coventry.

The Lords Concurrence to be desired herein.

Nottingham Committees.

Ordered, That Edw. Aiscough of Nuthall Esquire, be added to the several Committees for the County of Nottingham.

The Lords Concurrence to be desired herein.

Derby Committees.

Ordered, That Tho. Sanders Esquire be added to the several Committees for the County of Derby.

Hartingfordbury Rectory.

An Order for sequestering the Rectory of Hartingfordbury, in the County of Herts, whereof Edw. Baines is Parson, to the Use and Benefit of John Green, Master of Arts, a godly, learned, and orthodox Divine; who is hereby required and authorized to officiate the said Cure, and to preach diligently to the Parishioners of the said Parish in the said Church: And shall have, for his Pains therein, paying all Duties due to his Majesty out of the said Rectory, the Parsonage House, and Glebe Lands, and all the Tythes, Rents, Duties, and Profits whatsoever of the said Rectory, till further Order shall be taken by the House.

Recompence to Rolls.

Mr. Recorder reports to the House, from the Committee of the Navy, appointed to consider of the Business concerning Mr. Rolls, a Member of the House:

That 3 Car. this House passed a Vote, That whosoever should pay Tonage and Poundage, not being granted by Parliament, they were declared Betrayers of the Liberty of the Kingdom: In Obedience to which Declaration, Mr. Roll (though a Man of great Trading at that time) refused to pay Tonage and Poundage: Whereupon he had Silk and other Goods seized, to the Prejudice of Fifteen hundred and Seventeen Pounds. He took a legal Course; and brought a Writ of Replevin out of Chancery: But, when the Sheriff was to execute the same, he required, by an Order of the Council Table, not to execute that legal Writ.

Then he brought another Writ: And was staid, by Injunction out of the Exchequer. And

That, 4 Car. he made a Complaint to the House; and, depending the Business before a Committee of this House, he was served with a Subpæna into the Star Chamber.

No. 12. 1628. Mr. Rolls brought an original Writ out of Chancery, to replevy his Goods.

Mich. 4 Car. Execution was stopped by Order of Exchequer.

Jan. 5 1628, brought Second Replevin; whereof he had no Benefit.

Feb. 9 1628, being a Member of the House, was served with a Subpæna into the Star Chamber, wherein his Replevies were questioned.

Jan. 25 1620, subpænad again into the Star Chamber, concerning his speaking in Parliament, enjoying the Privilege of Parliament.

That he hath now received all his Goods again, which ..... detained at the Custom House: And, hath, ever since 1628, forbore to trade.

Upon the whole Report, the House was of Opinion, and Resolved, upon the Question, That Mr. Rolls hath been prejudiced by the Seizure and Detainer of his Goods at the Custom House, to the Value of One thousand Five hundred and Seventeen Pounds: Which, together with Interest thereof, from the Year 1628, when the Seizure was made, to this present, amounts unto Three thousand One hundred Ninety-seven Pounds.

Resolved, upon the Question, That Mr. Rolls, for that Prejudice and Loss by him sustained, shall have Reparation of Damage to the Value of Three thousand One hundred and Ninety-seven Pounds.

Mr. Rolls demanding Damage for the Loss of his Trade, from 1628 till this present; For the first Seven Years it was a very beneficial Trade; and no Merchant made less than Twenty Pounds per Cent. of the Trade.

Resolved, upon the Question, That Mr. Rolls shall have Damage for the Loss of his Trade; which he left, because he would not submit to the Payment of Tonage and Poundage, contrary to the Vote of Parliament; the Remainder of his Stock, besides the Fifteen hundred Pounds Loss, being Six thousand Eight hundred and Eighty-seven Pounds, after the Rate of Six Pounds per Cent. from the Year 1628 until the Beginning of this Parliament, being Twelve Years, the Sum of Four thousand Nine hundred Forty and four Pounds.

Resolved, upon the Question, That Mr. Rolls shall have Damage for his Expences in Law Suits, in the Exchequer and Star Chamber, and other Courts, which depended Four Years about this Business, and his Expences attending thereof, the Sum of Five hundred Pounds.

Ordered, That it be referred to the Committee of the Navy, to consider what Persons are liable and most fit to make Reparation to Mr. Rolls for the said Losses and Damages; and to report their Opinions to the House this Day Sevennight.

Committee of both Houses.

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

The Lords have sent down this Ordinance: It is for appointing a Committee of both Houses, to meet and join with the Commissioners and Committees of Scotland, for the better managing the Affairs of both Kingdoms.

The Question being put, whether this Ordinance shall be now read;

The House was divided.

The Yeas went forth.

Sir Jo. Clottworthy, Sir Arth. Heselrig, Tellers for the Noe: With the Noe, 82.
Sir Jo. Corbett, Mr. Maynard, Tellers for the Yea: With the Yea, 69.

So that the Question was resolved negatively.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.

Message to Lords.

Sir H. Mildmay is appointed to go to the Lords, to acquaint them with the Importance of passing the Ordinance concerning the Committee of both Kingdoms; and the Ordinance concerning the Forces under the Command of the Earl of Manchester: And carried up the Committees Names for Derby and Nottingham.

Affairs in Chester.

A Letter from Namptwich, of April' 23, from the Deputy Lieutenants and Committee there, concerning a Supply of Monies; a Regiment of Horse to be sent down into Cheshire; and Sir Tho. Middleton and Sir Wm. Brereton to be speeded down.

Propositions for Peace.

The House, according to an Order Yesterday made, proceeded to the Consideration of the Propositions, presented from the Committee of both Kingdoms, for a safe and well-grounded Peace.

Resolved, &c. That this shall be one of the Propositions for a safe and well-grounded Peace; viz. That an Act of Parliament be passed, in both Kingdoms respectively, for enjoining the taking the late solemn League and Covenant, by all the Subjects of the Three Kingdoms; and the Ordinances concerning the Manner of taking the same, in both Kingdoms, be confirmed by Acts of Parliament respectively, with such Penalties, as by mutual Advice of both Kingdoms shall be agreed upon.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; viz. That the Bill be passed for the utter abolishing and taking away of all Archbishops, Bishops, their Chancellors and Commissaries, Deans and Sub Deans, Deans and Chapters, Archdeacons, Canons, and Prebendaries, and all Chanters, Chancellors, Treasurers, Sub Treasurers, Succentors, and Sacrists, and all Vicars, Choral and Choristers, old Vicars and new Vicars, of any Cathedral or Collegiate Church, and all other their Under Officers, out of the Church of England, Scotland, Ireland, and Dominion of Wales, with such Alterations concerning the Estates of Prelates, as, upon Consideration of the Treaty, and joint Declaration of both Kingdoms, shall be found necessary.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; That the Ordinances concerning the Calling and Sitting of the Assembly of Divines be confirmed by Act of Parliament.

The Question being put, whether these Words, "after Advice from the Assembly of Divines," shall stand in the First Clause of the Fifth Proposition;

It was resolved negatively.

Resolved, &c. That the Word "respectively" shall be added to the End of the Fifth Proposition.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; That Reformation of Religion, according to the Covenant, be settled by Act of Parliament, in such manner as both Houses shall agree upon, after Consultation had with the Assembly of Divines: And, forasmuch as both Kingdoms are mutually obliged, by the same Covenant, to endeavour the nearest Conjunction and Uniformity in Matters of Religion, That such Unity and Uniformity in Religion, according to the Covenant, as, after Consultation had with the Divines of both Kingdoms, now assembled, shall be jointly agreed upon by both Houses of the Parliament of England, and by the Church and Kingdom of Scotland, be confirmed by Acts of Parliament of both Kingdoms respectively.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; That for the more effectual disabling Jesuits, Priests, Papists, and Popish Recusants, from disturbing the State, and deluding the Laws; and for the better Discovering, and speedy Conviction of Recusants, an Oath be established by Act of Parliament, to be administered to them; wherein they shall abjure and renounce the Pope's Supremacy, the Doctrine of Transubstantiation, Purgatory, Worshipping of the consecrated Host, Crucifixes, and Images; and, refusing the said Oath, being tendered in such manner as shall be appointed by the said Act, to be a sufficient Conviction, in Law, of Recusancy.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; An Act of Parliament for Education of the Children of Papists, by Protestants, in the Protestant Religion.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; An Act for the true Levy of the Penalties against them: Which Penalties to be levied and disposed in such manner as both Houses shall agree on; wherein to be provided, that his Majesty shall have no Loss.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; That an Act be prepared, whereby the Practices of Papists against the State may be prevented, and the Laws against them duly executed; and a stricter Course taken to prevent the Saying or Hearing of Mass in the Court, or any other Part of this Kingdom.

Resolved, &c. That this shall be one of the Propositions for a well-grounded Peace; The like for the Kingdom of Scotland, concerning the Four last preceding Propositions, in such manner as the Estates of Parliament there shall think fit.

Affairs in Cheshire, &c.

Resolved, upon the Question, in the House of Commons, That, whereas, formerly, by the Consent of the Deputy Lieutenants and Committees of the County of Chester, several Townships within that County were allowed towards the Maintenance of the Garison of Warrington in Lancashire; since which time the greatest Part of the County of Chester is over-run by the Enemy; and thereby That County disabled to maintain their own necessary Garisons: Therefore it is Ordered, That none of the aforesaid Townships shall be hereafter liable and charged to contribute towards the maintaining of any Garisons in Lancashire, or any foreign County.

Resolved, &c. That the Deputy Lieutenants and Commanders of the County of Lancaster be required and commanded not at any time hereafter to seize or dispose of any Arms, Ammunition, or Ordnance, that is or shall be sent down through that County, for the Service of Cheshire: And that they restore to Sir Wm. Brereton all Ordnance and Arms belonging to and sent down for Cheshire, which they have seized and made use of in Lancashire.

Resolved, &c. That my Lord General be desired to grant a Commission to Sir Wm. Brereton, to press Men, in the County of Chester, for the Service of King, Parliament, and Kingdom.

Resolved, &c. That Henry Manwaring, and Henry Vernon, Esquires, two Deputy Lieutenants of Cheshire, in regard of their Disservice to the Parliament in many Particulars, be forthwith discharged and removed from their said Places, and other Power of Command in any military Way, in or gathering or receiving Monies: And that all Horses, Arms, Ammunition, and Money, now under their or either of their Commands, belonging to the State, be, upon Demand, delivered up to Sir Wm. Brereton, to be by him disposed of and employed for the said Service of King and Parliament: And that the said Persons be called to account for what Monies, Arms, and Ammunition they have; and accordingly to restore the same for the publick Service.

That Colonel Henry Brooks Esquire, nominated High Sheriff for the County Palatine of Chester, have this Oath given him, that so he may go down into the Country with Sir Wm. Brereton: And that, towards the completing of a Regiment of Foot, and a Troop of Horse, One thousand Pounds be granted to Colonel Brooks, out of the Court of Wards, to be paid next after the Assignment already set on that Court.

Resolved, &c. That, for the providing of Arms for Colonel George Boothe, Three hundred Pound be likewise advanced out of the Court of Wards, to be paid next after former Assignments.

Resolved, &c. That Philip Manwaring Esquire, and Thomas Croxton Esquire, shall have Commissions to be Deputy Lieutenants of the County Palatine of Chester: And the Lords be desired to concur herein.

Resolved, &c. That these whose Names are here underwritten, be made Committees, and added to those already named, for the County of Chester, for putting in Execution the Ordinance for Sequestrations of Malignants Estates; and for assessing those who have not already contributed to the Value of their Twentieth, and Fifth Part: Philip Manwaring Esquire, John Leigh of Boothes Esquire, Tho. Croxton of Ravenscroft Esquire, Ralph Arderne of Harden Esquire, Peter Stanley Esquire, Captain Wm. Edwards, Wm. Tuchet of Whitley Esquire, Captain Gilb. Gerard, Captain Rob. Venables, Wm. Raven Esquire, John Wettenhall Esquire, Mr. Wm. Davies.

Resolved, &c. That Fifty Barrels of Gunpowder, and Match proportionable, may be allowed for the County of Chester speedily: And that Sir Henry Mildmay be added to the Committee for Cheshire: And that Sir Henry Mildmay do send for Mr. Barisford; and to make some Agreement with him for Fifty Barrels of Powder for the Service of Cheshire.

Resolved, &c. That Sir Wm. Brereton shall have Five hundred Pair of Pistols, Five hundred Saddles, and Five hundred Backs, Breasts, and Pots, for the Service of the State: And that, for the Payment of the same, there be Two thousand One hundred and Twenty-five Pounds allowed out of the Arrears and growing Revenue of the Court of Wards, to be paid after the Assignments already set upon that Court.

Resolved, &c. That those Persons, Gunsmiths, Armourers, or others, of whom Sir Wm. Brereton had bought the Arms allowed him by Order of the Twenty-ninth of February last, shall repair to the Committee at Haberdashers Hall, and to Mr. Stroude, for the Residue of the Money owing to them for the said Arms, over and above the Fifteen hundred Pounds already received by Sir Wm. Brereton: And that the said Committee and Mr. Stroude be required to take Care for the paying off the Sum of Six hundred and Eighty-eight Pounds Ten Shillings; which is the Sum remaining of the Value of the said Fifteen hundred Arms to the Armourers to whom the same is due, so soon as with Conveniency it can be, upon Certificate under the Hand of Sir Wm. Brereton, what is due to every of them.

Court of Wards.

Whereas Mr. Richard Chamberlaine, one of the Clerks of the Court of Wards and Liveries, hath gone to Oxford, and deserted and neglected that Duty and Trust belonging to his Place; and hath adhered to, and combined with, such as are in actual War against the Parliament: It is this Day Ordered, by the Lords and Commons, in Parliament assembled, That Miles Corbett Esquire have and execute the said Place and Office belonging to the said Mr. Chamberlaine; and do enjoy all just and due Fees and Profits belonging to the said Office: And that the Commissioners of the Great Seal are hereby required to pass a Grant to that Purpose unto the said Miles Corbett, in the same manner as Mr. Chamberlaine had the same before.

Loan from Audley.

Whereas Hugh Audley Esquire, at the Request of this House, hath undertaken to furnish the Sum of One thousand Pounds for the present Supply of the Garison of Aylisbury, to enable them to march to his Excellency the Earl of Essex; It is therefore this Day Ordered, That the said Sum of One thousand Pounds shall be repaid unto the said Hugh Audley, or his Assigns, out of the first Monies that shall come in of the Three thousand Pounds, formerly assigned to the said Garison out of the Revenue of the Court of Wards and Liveries: And the Committee for the Revenue is required to take care for Repayment of the same accordingly, with Interest.

Answer from Lords.

Sir Henry Mildmay reports the Answer to the Message he carried up to the Lords, That, as to the Ordinance concerning the Committee of both Kingdoms, they will send Answer by Messengers of their own: And, as to the Names he carried up, they do agree.

Military Stores.

Ordered, That Mr. Recorder do desire the Committee of the Militia to spare Five Ton of Bullets for the Service of my Lord General: And this House will give Order for restoring the like Quantity to the said Committee.