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 Veneris, Junii 14, 1644.
ORDERED, That the whole Consideration of the Business of Mr. Vassall, in respect of his great Sufferings, and long Imprisonment, for not paying the pretended Duties of Tonage and Poundage, be referred to the Consideration of the Committee of the Navy; to consider of some Course for his Relief, and to present it to the House.
Committee of both Kingdoms.
Mr. Solicitor reported from the Committee of both Kingdoms, that That Committee had Yesterday received an Order from the House of Peers, of June 13, 1644; which much concerned the Proceedings of That Committee: That he was commanded to acquaint this House with the Order, and with the Answer of this Committee to the said Order.
The Order of the Lords was read, in hæc verba; viz.
"Die Jovis, 13 Junii, 1644.
"Ordered, by the Lords in Parliament, That the Lord Wharton do signify to the Committee of both Kingdoms, that this House expects from them an Account, whether that Committee have given any Directions to the Lord General, concerning the Western Parts, since the Letter sent lately from both Houses to his Lordship; and what those Directions were.
"Jo. Browne, Cler. Parliamentorum."
The Order of the Committee of both Kingdoms, in Answer to the said Order, was read, in hæc verba, viz.
"Die Jovis, 13 Junii, 1644.
"At the Committee of both Kingdoms;
"Ordered, That the Members of both Houses, of the Committee of both Kingdoms, do think it fit to forbear to give any Account according to the Order of the House of Lords of the 13th of June, until it shall be ordered by both Houses.
"Extr. Gualt. Frost, Secretary to the same Committee."
Resolved, &c. That this House doth approve of this Order of the Committee of both Kingdoms, in Answer to the Order of the Lords of June the 13th, 1644.
Earl of Stamford.
Upon Mr. Ellis his Report from the Committee to which was referred the Examination and Consideration of the Informations representing the Carriage of Henry Earl of Stamford, late Commander in Chief, or General of the West.
The First Article was read:
And the Testimonies of the Witnesses, produced to prove that Article, were likewise read.
Resolved, &c. That this First Article is sufficiently proved.
The Second Article was read; and the Proofs to it.
Resolved, &c. That the Second Article is sufficiently proved.
The Tenth Article was read; and the Proofs to it.
Resolved, &c. That the Tenth Article stands proved.
The Thirteenth Article was read; and the Proofs to it.
Resolved, &c. That the Thirteenth Article stands proved.
The Fourteenth Article was read; and the Proofs to it.
Resolved, &c. That there is sufficient Ground to proceed upon the Fourteenth. Article.
Ordered, That the Report concerning Mr. Nicoll, shall be made on Monday Morning next: And that this Business concerning the Earl of Stamford, shall be resumed on Tuesday Morning next.
Message from Lords.
A Message from the Lords, by Sir Ro. Riche and Mr. Page;
The Lords have commanded them to present unto this House, a Letter which they have received from Mr. Anth. Fortescue, Agent to the Duke of Lorraine, who is upon Return out of this Kingdom; and his Goods and House are sequestered, and inventoried; and, within a Day, will be sold, if it be not prevented by some Order.
We are commanded to put you in mind of the Message concerning the States Ambassadors.
They likewise, revive your Memory concerning Mr. Serjeant Finche's Suit and Petition.
Ordered, That the Report of the Conference concerning the States Ambassadors, be made on Monday Morning next.
The Letter was read.
Answer to Lords.
Answer returned by the same Messengers; That this House has considered their Lordships Message, and every Particular of it; and, to every Particular, will send Answer by Messengers of their own.
The humble Petition of Colonel Anth. Rous, summoned by Order of a Committee of this House, to give his Testimony in a Cause which concerned the Right honourable Henry Earl of Stamford, (that, during his Attendance for further Examination, in Obedience to the said Order, was committed Prisoner, and yet stands committed, to the Prison of the Fleet) was this Day read; and ordered to be referred to the Consideration and Examination of the Committee for Colonel Kinge's Business, to state the Matter of Fact; and to prepare Heads upon it, for a Conference with the Lords.
The humble Petition of Colonel Edw. Kinge was read; and ordered to be referred to the Consideration and Examination of the Committee for the Business of Lincolneshire: And Colonel Kinge to state the Matter of Fact; and to prepare Heads upon it, for a Conference with the Lords.
Ordered, That Captain Hateher, upon the Engagement of the High Sheriff of Leicestershire, shall be left at Liberty to make his Appearance here, without being brought up under Restraint, notwithstanding the former Order for his being brought up in safe Custody.
Mr. Whittlock reports from the Committee, the Amendments to the Ordinance concerning the Committee of the Militia, for enabling them with further Power: The which Amendments were read; and, upon the Question, assented unto: And the Ordinance, so amended, read the Third time; and, upon the Question, passed; and ordered to be sent unto the Lords, for their Concurrence.
Oxford, &c. Committee.
Ordered, That a Warrant, under the Hand of any Three of the Committee for the Counties of Oxon, Bucks, and Berks, shall be sufficient Order and Discharge to the Treasurers appointed by the said Committee, for the issuing out of such Monies as they shall be required to issue out by such Warrants.
Army Supplies, &c.
Ordered, That Colonel Jo. Venn, Governor of Windesore Castle, do forthwith send Three Sacres, and Four Drakes, to the Quarters before Greenland House: And that he do pay the Forces of his Garison, now upon the Service of the Parliament, before Greenland House, in equal Proportion with those other at the Garison of Windesore.
Letter to Colonel Venn.
Mr. Recorder is appointed to write a Letter to Colonel Venn, to acquaint him with some Informations this House has received, concerning . . . , in which they desire to receive some Satisfaction.
Arms seized by Dutch.
The Copy of a Letter to be sent to the Lord of Middleburgh, concerning Arms bought beyond the Seas, and, coming out of Duynkirke, was seized by the States Admiral, and sent to Flushinge, was read; and assented unto.
Ordered, That the Ordinance concerning the new Excise be read To-morrow Morning, the first Business.
Whereas, in the Parliament holden in the Third and Fourth Years of our now Sovereign Lord King Charles, it was voted and declared by the House of Commons, whereof John Rolle of London, Merchant, was then a Member, That whosoever shall counsel or advise the taking or levying of the Subsidy of Tonage and Poundage, not being granted by Parliament, or shall be any Actor or Instrument therein, shall be reputed an Innovator in the Government, and a capital Enemy to the Kingdom and Commonwealth; and that, if any Merchant or Person whatsoever, shall voluntarily yield or pay the said Subsidy of Tonage or Poundage, not being granted by Parliament, they shall be likewise reputed Betrayers of the Liberties of England, and Enemies to the same: And whereas the said John Rolle, being a Merchant trading for Turky, and in great Trade did in Obedience to the said Vote and Declaration, refuse to pay Tonage and Poundage for divers Bales of Silk and Grograms, and other his Goods, amounting to the Value of Eight thousand Three hundred and Ninety-two Pounds, which were brought from Turky by way of Merchandize, unto the Port of London, and seized by the then Farmers and Officers hereafter named, for the Duties of Tonage and Poundage pretended to be due for these Goods: And whereas the said John Rolle did, in a legal Way, bring an original Writ of Replevin for the said Goods out of the Chancery, returnable in his Majesty's Court of King's Bench; the Execution whereof Sir Wm. Acton, one of the then Sheriffs of the City of London, did neglect and delay, although required to do the same; whereby the said Writ was stayed, by an Order and Injunction, out of the Exchequer, before Execution thereof: And after, the said John Rolle brought another Replevin, the which was executed by the then Serjeants and Officers of the said Sir Wm. Acton then Sheriff, and the Goods after rescued from them; and the said Sir Wm. Acton, being required to aid and assist the said Officers, refused so to do: And after, the said John Rolle made Complaint thereof to the House of Commons; and, the same depending in the said House, he, although a Member of the said House, and in Service of the said House, was served with a Subpæna, to appear in the Star Chamber for prosecuting the said Suits: And afterwards the said John Rolle was served with another Subpæna to appear in the Star Chamber, to answer certain Words spoken by him in the House of Commons, he being then a Member thereof, concerning Tonage and Poundage, against the just and due Privilege of Parliament: And whereas the said Goods of the said John Rolle were detained by the then Farmers and Officers of the said pretended Customs for not Payment of the said pretended Duties of Tonage and Poundage; Part thereof for a long time, and other Part thereof from the Year 1628, to the Year 1641, being Thirteen Years; whereby he hath been prejudiced in the Value of the said Goods, and other Profits thereby to be made, and Damage for the Want of his Stock, and the Loss of his Trade as a Merchant, (having forborne the same for the Time aforesaid) and in his Charges expended in the said Suits; all amounting to the Sum of Eight thousand Six hundred and Forty-one Pounds: All which were occasioned by reason of his not Payment of the said pretended Duties of Tonage and Poundage, the which he forbore to pay in Obedience to the said Vote and Declaration of the House of Commons: And whereas Sir Paul Pinder Knight, Sir John Wolstenholme sen. Knight, deceased, Sir John Jacob Knight, Sir John Harrison Knight, were then Farmers of the said pretended Customs or Duties of Tonage and Poundage, illegally then taken; and Sir Abraham Dawes Knight, since also deceased, was then a chief Officer in the Custom House, and shortly after became a Farmer, with the said other Persons before named, of the said pretended Customs and Duties: All which said several Persons were present at, or countenancing, commanding, and abetting the Seizing of the said Goods, and were the Procurers of the said undue Proceedings in the Suits against the said John Rolle: And the said Sir Wm. Acten was then Sheriff of the City of London, and a Sharer with the Farmers of the Customs; and did delay and refuse to do his Duty in the Execution of the said Replevins, as he ought to have done: Be it therefore Ordered, That the said John Rolle shall have the said Sum of Eight thousand Six hundred and Forty-one Pounds paid unto him, his Executors, Administrators, or Assigns, out of the Estates of the said Sir Paul Pindar, Sir John Wolstenholme the elder, Sir John Jacob, Sir Abraham Dawes, Sir John Harrison, Sir John Wolstenholme the younger; being Heir and Executor to the said Sir John Wolstenholme the elder, and being, within the Time of the said Detention of the faid Goods, one of the Farmers of the said pretended Customs; and out of the Estates of the said Sir Wm. Acton. And be it further Ordered, That the said Sum shall be levied upon the Persons, Lands, Tenements, Goods, Chattels, Debts, and Credits of them the said several Persons before named, or any of them, by Seizure, Distress, or otherwise.
London Militia Committee.
Whereas divers Persons, within the City of London, and Parts adjacent, within the Lines of Communication, and Parishes mentioned in the weekly Bills of Mortality, and Hamlets of the Tower, that are not fit to bear Arms in their own Persons, and yet are able and fit to find Arms, and pay others for bearing the same; but do neglect and refuse the doing thereof: And whereas divers Papists, and other ill-affected Persons, do lurk and hide themselves in divers Houses and Places within the Limits aforesaid, that hold Correspondency with, or bring Intelligence from, the Enemy; and others that gather together Arms, Ammunition, and other Materials of War, likely to be employed to the Prejudice of the Parliament and City: And whereas, by several Ordinances of Parliament, Power is given to the said Committee for ordering the said Militia within the Limits aforesaid, and drawing out Forces for Service abroad; and that many things mentioned in the said Ordinance to be put in Execution, require the Help and Assistance of more Persons, in the Nature of Sub Committees; thereupon Power is given to the said Committees to make one or more Sub Committees within the said Limits, as they shall think fit: And for the better enabling the said Sub Committees so made, or to be made, to perform the Services therein contained, the said and Commons in Parliament assembled, do Ordain and Declare, and be it Ordained and Declared, That the said Committee of the Militia of London shall have Power, and are hereby authorized to impose upon all such Persons as have any Stock going in Trade within the Limits aforesaid, and absent themselves, or do personally inhabit or reside within the said Limits, to find such Proportion of Arms, and pay such Persons as have been or shall be appointed to bear the same, as the said Committee shall think fit, not exceeding Three Foot Soldiers for any one Person: And, such Person or Persons as shall disobey the Commands and Directions of the said Committee of the Militia herein, the said Committee shall have Power to impose such reasonable Fines upon them, or any of them, as they shall think fit, not exceeding the Sum of Forty Shillings for any one Offence; and, for want of Payment thereof, to levy the same by Distress and Sale of their Goods and Chattels, or otherwise to imprison their Persons without Bail or Mainprize, until such time as they shall conform themselves accordingly: But, in case such Person or Persons, so offending, do absent themselves without the said Limits, where the Authority of the said Committee doth not extend, and not a sufficient Value of his or their Goods or Chattels to be found within the said Limits, whereon to levy the said Fines by Distress, as aforesaid, that then the Committee for Examinations, upon Complaint made by the Committee of the Militia, or such as they shall appoint, do forthwith grant their Warrants for apprehending of such Person or Persons, wheresoever they shall be, and to commit him or them to Prison without Bail or Mainprize, until he or they do conform themselves; or to distrain his or their Goods, and bring them to London, and there sell them, to pay the said Fine or Fines: All which Fines are to be employed to such Use and Purpose, for the Safety and Defence of this City, as the said Committee of the Militia shall think fit and direct. And it is further Ordained, That the said Committee for the Militia shall have Power, and is hereby authorized, by themselves, or such as they shall appoint, to search all Houses and Places within the Limits aforesaid, where the said Committee shall have Cause to suspect that any Papists are, or other Persons, that come from any of the King's Quarters, or cannot give a good Account of their Business or Abode within the Limits aforesaid, or that have or shall discover their ill Affection to the Parliament; and likewise to search for Arms, Ammunition, and Materials for War, in the Custody of such Persons; and to seize and take away the same; and to commit such Persons to safe Custody, or to expel them out of the Limits aforesaid, if they shall see Cause: And, in case of Resistance, the said Committee are hereby authorized to command any Constable or Constables to break open any House or Place, within the said Limits where such Resistance shall be made. And it is further Ordained, That the said Sub Committees, so appointed or to be appointed by the said Committee of the Militia, shall have Power, and are hereby authorized, to cause all or any of the Clauses contained in this or any other of the said Ordinances to be put in due Execution, when and as often as they shall receive Directions from the said Committee for the Militia: And all Constables, Headboroughs, and other Officers, and Soldiers, are hereby required to obey and execute such Warrants as they, from time to time, shall receive from the said Committee from the Militia, or other Sub Committees, for and concerning the Execution of the same accordingly. Provided that no Power hereby granted shall be extended against any Peer or Member of either of the Houses of Parliament, or any of the Assistants of the House of Peers: And as well the said Committee, as also their Sub Committees, and all other Persons acting in the Premises according to the Intent of this Ordinance, shall be saved harmless by Authority of both Houses of Parliament. Provided that this Ordinance shall continue, and be in Force, for the Space of Two Months, to begin from the publishing of this Ordinance, and no longer.