House of Commons Journal Volume 4: 4 March 1646

Pages 461-462

Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.

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Page 461
Page 462

Die Mercurii, 4 Martii, 1645.


THE Grand Committee of the House for Religion fat; and adjourned till Friday Morning:

Mr. Whittacre in the Chair.

Mr. Speaker resumed the Chair.

Ordered, That Edward Wood Draper, Thomas Bonner Draper, John Cosens Draper; Ralph Shirwood Mason, Philip Shirwood Mason, Robert Chrissop Merchant, Roger Hutches Carpenter, Thomas Maddison Merchant, Ralph Dennen Barber, and James Cole Merchant, be forthwith sent for in safe Custody, at their own Charges, for violating the Privileges of this House, in pulling down a Shore at South-Shields in a riotous Manner, the same being Part of the Estate of Sir Henry Vane Knight, a Member of this House.

Ordered, That Sir Henry Vane shall have Power to send for Witnesses, in the Case of Breach of Privilege at SouthShields, this Day complained of in the House.

Ordered, That the Report concerning Colonel Massie be taken into Consideration, next after that the Ordinance concerning Church-Government shall be expedited.

Resolved, &c. That Colonel Ven be desired to take the Charge of the Recruits that are to march up to the Army; and to command the Party that is to convoy them thither: And that the Members of both Houses that are of the Committee of both Kingdoms, do give him a Commission accordingly.

An Ordinance for the Payment of Five thousand Pounds, out of the Receipts of the Excise, unto the Governor of the Isle of Ely, for the Use of the Garisons there, was this Day read the First and Second time; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Colonel Russell is to carry it.

A Message from the Lords, by Sir Edward Leech and Mr. Page;

The Lords have commanded us to bring you this Ordinance: It is to authorize the Governors of Henley and Redding to execute Martial Law: To which they desire your Concurrence:- A Report from the Commissioners of the Parliament of Scotland: A Petition of Scottish Officers reduced; and a Petition of Major Willett: All which they refer to your Consideration. They desire to put you in mind of the Ship called the Becasse, which the Queen-Regent of France sent about: They desire, That the Names of such Lords may be added to the Committee of the Revenue, as were formerly nominated. They desire a Conference, by Committees of both Houses, concerning the Ordinance for Tryal of Mr. Murray by Martial Law, this Day at Ten of the Clock, in the Painted Chamber, if it may stand with the Conveniency of this House. They have commanded us to rectify a Mistake in our last Message, concerning him that formerly went by the Name of the unknown Knight, whom we said was now known; but should have said, Was known to some Members of your House, who they desired you would order to discover: And they desire you will order it so; and that the Entry of that Message may be altered accordingly.

The Ordinance to authorize the Governors of Henley and Redding to execute Martial . . . was read; and, upon the Question, passed.

The Paper from the Scotts Commissioners, of 2 Martii 1646, desiring to know, Whether the Propositions that were delivered unto them on Saturday last, be all the Propositions that are intended to be now sent to his Majesty, was read: And

It is Resolved, &c. That, in Answer to this Desire, it shall be returned, That these be all the Propositions which are intended to be now sent to his Majesty, except the Proposition concerning Delinquents, with all the Qualifications thereof, and the several Propositions concerning the City of London; which will be speedily dispatched, and sent unto them likewise.

The Lords Concurrence to be desired herein.

Sir Peter Wentworth carried to the Lords this Answer to be given to the Scotts Commissioners Paper: And was likewise to press the Lords to speed the Ordinance for Sale of Delinquents Estates.

Ordered, That To-morrow, the first Business, the House do take into Consideration the Propositions concerning the City of London, and Delinquents.

The humble Petition of the Scotts Officers, reduced the Fifth of April last, was read; and nothing done upon it.

A Letter from the Scotts Commissioners, from Worcester-House, of 23 Februarii 1646-5, with a List of Scottish Officers inclosed, was read.

Ordered, That this List be referred to the Committee of Petitions, or any Four of them: Who are revived, as to this Business only; and are to consider, What Officers of these have been paid off, who of them have received their Fifth-Parts, and who have not; and likewise, what free Quarter hath been taken by any of them: And have Power to send for any former Lists of Reformado-Officers, or Accompts, concerning any of them, or any other Scotts Officers; and what hath been paid to any of them. And

It is further Ordered, That Mr. Scawen, Mr. Knightley, and Mr. Edward Popham, be added to the said Committee.

Resolved, &c. That this House doth agree to a present Conference concerning the Ordinance for Tryal of Mr. Murray, as is desired.

Resolved, &c. That this House doth agree with the Lords, That the Mistake in the Message, concerning the unknown Knight, be altered in the Book of this House, as is desired.

The Report from the Lords and Commons for Foreign Affairs, concerning the Ship Becasse, was read: And

It is thereupon Resolved, That this House doth agree with the Lords, That the said Ship be forthwith returned to the French Proprietors: And, in regard, that the Goods which were in the said Ship are not now in esse, that the Committee of the Navy do forthwith give Order to the Treasurer of the Navy, to pay unto Monsieur Faverolles, or his Assigns, the Sum of Fourteen hundred Pounds, being the Value of the Lading and Goods in the said Ship, in Satisfaction of all Demands, for or by reason of the same.

Answer returned by the same Messengers;

The House hath considered your Message: And, as to the Ordinance for Martial Law for Henley and Redding; the Report concerning the Ship Becasse; to a present Conference concerning Mr. Wm. Murray, as is desired; and to amend the Mistake in the Message concerning the unknown Knight; they do agree: And, as to the rest, they will send Answer by Messengers of their own.

Mr. Holles, Mr. Lisle, and Sir John Evelyn of Wiltes, are appointed Reporters of this Conference.

Mr. Holles reports from the Conference, That the Lords having desired this Conference, upon the Occasion of the Ordinance for trying Mr. William Murray as a Spy; they did acquaint them, That they had not entered upon the Body of the Ordinance; neither could, until they did receive Satisfaction in the Preamble of it; it not appearing at all to them, that he is a Spy.

Resolved, &c. That the general Grounds for suspecting Mr. Wm. Murrey to be a Spy shall be represented to the Lords at a Conference.

Resolved, &c. That, at this Conference, the general Ordinance concerning Martial Law shall be likewise delivered.

Sir Thomas Dacres is appointed to go to the Lords, to desire a Conference, so soon as may stand with their Lordships Conveniency, upon the Matter of the last Conference, touching Mr. Wm. Murray.

He is likewise to acquaint their Lordships, That this House doth agree with the Lords, in their Order concerning the Lord Savill.

A Paper from the Scotts Commissioners, of March 21 1646; wherein they say, They have considered the Reference of the House of Commons to the Committee of both Kingdoms, of Februarii 28 , concerning the Desires of Monsieur de Montereull; and they do still leave that Business to the Wisdom of the Houses of Parliament, from whom the Pass is desired; was this Day read.

Sir Henry Vane, Mr. Selden, Sir Peter Wentworth, Mr. Gerard, Mr. Holles, Colonel Martyn, Sir Jo. Evelyn, Mr. Nath. Fynes, Mr. Whittacre, Mr. Recorder, Mr. Knightley, Mr. Browne, Sir Walter Erle, Sir Wm. Lewes, Sir Philip Stapleton, and Sir Henry Heyman;

This Committee is appointed to consider of all the Papers and Desires of Monsieur Sabran, and Monsieur de Montereul, concerning Monsieur de Montereul's having a Pass to go to Oxon, and to Scotland; and to state the Matter of Fact, upon the whole Business: And have Power to send Two of their own Company to Monsieur de Montereul, to confer with him concerning his Desires, Powers, or Credentials: They have likewise Power to send for all the Papers concerning Monsieur de Montereull, that were sent from this House to the Committee of both Kingdoms: They are farther to consider, What is sit to be done, in relation to all other Ambassadors, Residents, and Agents, that are not employed to the Parliament; and to report their Opinion thereupon: And are to meet this Afternoon: And the Care of this Business is particularly referred to Sir Wm. Lewes.

Ordered, &c. That the Business informed of concerning the Lady Wray, late Wife of Sir Christopher Wray, deceased, having her House violently entered by some Messengers, under colour of a Warrant from the Committee of Gloucester, Hereford, &c. be referred to the Consideration of the Committee of Examinations.

Resolved, &c. That the Business of the Report concerning Major-General Massey be taken into Consideration on Saturday Morning, the first Business: And that Mr. Speaker do put the House in mind hereof.

Ordered, &c. That the City-Petition, concerning the Letter to the City from the Parliament of Scotland, be taken into Consideration, the first Business, on Tuesday Morning next: And that Mr. Speaker do put the House in mind hereof.

IT is Ordained, and be it Ordained, by the Lords and Commons, in this present Parliament assembled, That Colonel Purbacke Temple, Governor of Henley and WestWickham, and Colonel John Barkstead, Governor of Reading, and either of them, calling unto them Field-Officers and others, according to the Course of War, shall have Power, and are hereby authorized, to execute Martial Law in their several Garisons aforesaid respectively, according to the Articles of War published by the Earl of Essex, and now used in the Army under the Command of Sir Thomas Fairefax. Provided always, That this Ordinance, or any Clause therein contained, shall not extend to any of the Peers of this Realm, or the Members of the House of Commons, or to any Assistant, Attendant, or Officer, of the House of Peers, or Officers of the House of Commons.