Journal of the House of Commons: Volume 4, 1644-1646. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Jovis, 11 Junii, 1646.
ORdered, That Sir Nathanael Barnardiston, a Member of this House, shall have Leave to go into the Country.
Resolved, &c. That an Ordinance be prepared and brought in, to enable Mr. Justice Rolle to ride the Western Circuit, notwithstanding the Statute which inhibits Judges to ride the Circuit wherein the County lies, whereof such Judge is or hath his Estate in: And Mr. Hill is appointed to bring in this Ordinance.
Ordered, That Sir Thomas Littleton, now Prisoner in the Tower for his Delinquency to the Parliament, shall be brought by Habeas Corpus to the King's-Bench-Bar, or before one of the Justices of the said Court; to the end that he may be charged with a Debt due by him to Ozias Churchman, Citizen and Merchant-Taylor, London.
Ordered, That any Person or Persons may take and execute any legal Process or Execution against any Person or Persons in Custody for Delinquency against the Parliament, so as the same be done without Fraud, or Intent to procure any Ease, or do any Favour, to such Delinquent or Delinquents: Which said Delinquent or Delinquents, notwithstanding such Proceedings, shall be detained in Custody for their Delinquency, and remanded, as Occasion shall be.
Ordered, That the Members of this House that are of the Committee of both Kingdoms, do, immediately upon the Rising of the House, meet in the Inner Court of Wards, concerning the late Information given to the House by Mr. Speaker; and report the same To-morrow Morning.
A Letter from Caernarvon, of 6 Junii 1646, from Major-General Mitton, concerning the Surrender of Caernarvon Town and Castle, was this Day read.
Articles agreed upon, the Fourth of June 1646, between Commissioners appointed on the Behalf of Sir John Byron, and Commissioners appointed by Major-General Thomas Mytton, for the Surrender of the Town and Castle of Caernarvon, were this Day read; and upon the Question, approved of.
Resolved, &c. That this House doth nominate and approve of Colonel Thomas Glynn to be Governor of the Town and Castle of Caernavon, and of the Garison there: And that the Members of both Houses that are of the Committee of both Kingdoms, do grant him a Commission to be Governor of the said Town and Castle accordingly.
The Lords Concurrence to be desired herein.
The humble Petition of Robert Fogge Minister was this Day read.
And it is thereupon Resolved, &c. That the Lands and Estate which Mr. Robert Fogge now holdeth in the County of Stafford for his Wife's Life, the Inheritance whereof, in Reversion, hath been purchased by Sir Edward Littleton, a Delinquent, shall be granted unto the said Robert Fogge, and his Heirs for ever; in lieu of his Arrears and Losses: And that Mr. Recorder do bring in an Ordinance for the settling and granting the Inheritance of the said Estate to him, and his Heirs for ever, accordingly.
A Letter from divers Gentlemen of the County of Caernarvon, from the Leaguer of Caernarvon, of 28 Maii 1646; and likewise the humble Petition of the wellaffected Gentry and Commonalty of the County of Caernarvon in North-Wales; were this Day read.
And it is Ordered, That this Petition be referred to the Consideration of the Committee appointed formerly for North-Wales; with the Addition of Mr. Lloyd, Colonel Hunt, Sir Robert Needham, Sir John Merrick, Colonel Moore, Mr. Swynfen, and all those that serve for any Part of Wales.
This Committee is likewise to consider what Power is fit to be given to the Commander in Chief of the Forces before Litchfield, for the Summoning of the said Garison to be surrendered by a certain Day: And also what Power is fit to be given to the Commander in Chief of NorthWales, for Summoning of such Garisons as hold out there to surrender by a certain Day: They are also to consider of the Names of sitting Persons to be Committees in the several Counties of North-Wales; and likewise what Place is most fit for Securing of the Persons of the Bishop of Derry, Doctor Manwairing, Doctor Pierce, and Doctor Usher, Doctor Mansell, Mr. Edward Carne, Mr. Walter Thomas, Mr. William Thomas, Mr. Francis Davyes of Langan, Mr. Thomas Bassett of Lantrissen, Mr. Edward Gwynn, Doctor Meredith, Colonel Arthur Trevor, and Doctor Godwyn, and of such other Persons in the said Counties as they shall conceive dangerous or ill-affected to the Parliament: And are to report the same to the House with all convenient Speed.
Ordered, That the Petitions, Letters, and Papers, from the Counties of Pembroke, Caermarthen, and Denbigh, be referred to the Committee for North-Wales.
Ordered, That the Committee appointed to meet this Day, at the Rising of the House, in the Inner Court of Wards, touching the Information given in by Mr. Speaker, shall have Power to examine Mr. John Bellassis, late Governor of Newarke, and such other Persons as they shall think fit.
Resolved, &c. That a Message be sent to the Lords, to desire them to hasten the Dispatch of the Propositions: And that such of them as both Houses have already agreed on, and have not yet been communicated to the Scotts Commissioners, may be put in such a Way, as they may be forthwith communicated to them.
Mr. Whitelock is appointed to go to the Lords with this Message.
Ordered, That the humble Petition of divers Servants belonging to his Majesty's Children be taken into Consideration To-morrow Morning, the first Business.
Ordered, That the Petitions of the poor Women and Widows, being the Widows and Wives of Officers and Soldiers, be read, and taken into Consideration, To-morrow Morning, next after the Petition of the Servants of the King's Children.
Ordered, That the Committee for the Ordinances concerning the Court of Wards be revived: And that they do meet this Afternoon at Two of the Clock, in the Court of Wards: And that they make Report thereof To-morrow Morning.
Ordered, That the Letters and Articles concerning Dudley-Castle be read To-morrow Morning.
Ordered, That the Business of Portsmouth be taken into Consideration To-morrow Morning at Ten of the Clock.
Resolved, &c. That this House doth accept of the Sum of Ninety-nine Pounds of George Churchill, of Rockbeare in the County of Devon, Yeoman, for a Fine, for his Delinquency; his Offence being, Executing Warrants for Levying of Money for maintaining the Forces raised against the Parliament; his Estate being Fifty Pounds per Annum, for Ninety-eight Years; Forty Shillings per Annum, for Two Lives; and Twenty Pounds per Annum, for Three Years and a Half: Out of which an Annuity of Nine Pounds per Annum is issuing: Which is allowed of.
Resolved, &c. That this House .... accept of the Sum of Ninety-eight Pounds of Giles Moore, of Broadclift in the County of Devon, Yeoman, for a Fine, for his Delinquency; his Offence being, Bearing Arms against the Parliament; and his Estate, Sixty Pounds per Annum, for Three Lives; and Sixteen Pounds per Annum, for his own Life.
Resolved, &c. That this House doth accept of the Sum of Ninety-eight Pounds, for a Fine, of Abraham Webber, of Plumbtree in the County of Devon, Yeoman, for his Delinquency; his Offence being, Collecting Monies for Maintenance of the Forces raised against the Parliament; his Estate, Forty Pounds per Annum, for Life; and the Reversion of the said Forty Pounds per Annum, after the Decease of Abigail Webber; Ten Pounds per Annum, in Fee-Simple; and Eight Pounds per Annum, after Three Lives: For which he receives, at present, Fifteen Pounds per Annum.
An Ordinance for granting a Pardon unto George Churchill, Giles Moore, and Abraham Webber, of the County of Devon, Yeomen, for their respective Delinquencies, and for Discharge of the Sequestration of their Estates, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum of Ninety-and-two Pounds of the Lady Elizabeth Stile; and of the Sum of Eighty-one Pounds Six Shillings and Eightpence of Mr. William Hill; for Discharge of the Sequestration of a Farm in the Tenure of John Trice, of the yearly Value of Forty-four Pounds; of another Farm, of the yearly Value of Twenty-four Pounds; of a Farm, in the Tenure of Thomas Stokes, of the yearly Value of Twentytwo Pounds; and of another Farm, in the Tenure of William Franke, of the yearly Value of Forty Pounds; the said Farms being all of them Parcel of the Lands of the Lord Roper of Tenham's, in the County of Kent; and Two Third-Parts thereof sequestred for the reputed Recusancy of the said Lord Roper: And that an Ordinance or Ordinances be brought in for Discharge of the said Sequestration of the said Farms accordingly.
Resolved, &c. That this House doth accept of the Sum of One thousand Pounds of John Milward, of Snetherton in the County of Derby, Esquire, for a Fine, for his Delinquency; his Offence being, Bearing Arms against the Parliament; his Estate, Four hundred Ninety-four Pounds per Annum in Fee-Simple, One hundred and Fifty Pounds per Annum in Reversion: Out of which Twenty-eight Pounds Fifteen Shillings per Annum is issuing for Rent-charges, and Fee-Farm Rents: Which is allowed: Also the said Estate is charged with the Payment of One thousand Pounds to Mary Milward an Infant, for which Eighty Pounds per Annum is now paid.
An Ordinance for granting a Pardon unto John Milward, of Snetherton in the County of Derby, Esquire, for his Delinquency, and for Discharge of the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.
Ordered, That the Declaration appointed by former Order to be brought in, for vindicating the Rights of the Parliament of England, be taken into Consideration, the next Business, after the Reports from the Committee at Goldsmiths-Hall.
Upon the Report of the Fine of Thomas Liegh, of Adlington, Esquire, for his Delinquency, and Discharge of his Sequestration;
It is Ordered, That the said Report be re-committed.
Ordered, That the humble Petition of the Inhabitants of the Garison of Ailesbury be referred to the Committee at Goldsmiths-Hall.
Mr. Whitelock brings Answer from the Lords, That they were in Consideration of the Propositions; and would give as speedy an Answer concerning them as possibly they could, by Messengers of their own.
Sir John Evelyn of Wiltes reported the Declaration for asserting the Rights of the Parliament of England.
The which was twice read; and, upon the Question, re-committed; and ordered to be brought in To-morrow Morning; and to be cast into such a Form, as may be fit to be an Introduction to the Propositions relating to both Kingdoms respectively.
Resolved, &c. That a Copy of the Letter of 3 Aprilis last, sent from the King from Oxford, to the Marquis of Ormond into Ireland, be communicated to the Lords; and likewise the Vote of this House, of the Ninth of this instant June, upon the said Letter; and the Lords Concurrence desired to the said Vote: And that the said Vote, and a Copy of the said Letter, may be sent to the Kingdom of Scotland, to the Committee of Estates residing with their Army, and to the King.
Resolved, &c. That a Minute of a Letter be brought in, for the Sending of the said Letter from his Majesty, and the Vote thereupon, to the Kingdom of Scotland, the Committee of Estates residing with their Army, and to the King.
Sir John Evelyn of Wiltes, Mr. Holles, Sir Arthur Hesilrige, and Mr. Reynolds, are appointed to prepare and bring in this Letter.
An Answer to the Commissioners of Scotland, touching the State of the Accompts and Arrears of the Monies due to their Armies and Kingdom, was this Day read; and, upon the Question, assented unto; and ordered to be sent to the Commissioners of Scotland residing here in a Letter from Mr. Speaker; and was in hæc verba;
We, the Commons of England, in Parliament assembled, having declared to your Lordships, That there is no further Use of continuing the Scottish Army in the Kingdom of England; and that we would provide an Hundred thousand Pounds for the Scotts Army; Fifty thousand Pounds thereof to be paid upon the Delivery up of all the Garisons, except Barwick (which is to be ordered and disposed according to the Treaty); and the other Fifty thousand Pounds when they shall be in the Kingdom of Scotland; we have, in pursuance thereof, appointed a Committee for the Providing of the said Sum; which we shall take care to see paid accordingly: But whereas, by a Letter from the Parliament of Scotland, of the Third of February 1646, according to the Stile of that Kingdom, they do demand of the Houses of Parliament of England, to make Payment, before the Third of May next, of the Sums of Money duly owing by them to that Kingdom, and their Armies in England and Ireland, according to the Treaties between the Two Kingdoms; the Accompt whereof will be given in by their Commissioners; this House (although the Parliament of England was not engaged to pay all Money due to Scotland by a Day), to the end they might apply themselves to such Courses as might give the Parliament of Scotland all possible Satisfaction, did, upon the Twenty-sixth of the said February, desire of your Lordships, that the Accompt might be delivered in to them accordingly; which they have ever since expected: But although the Money, by the Parliament of Scotland, was positively demanded by the Third of May last, yet from that Third of February, until the Twentieth of May last, this House never heard any Word concerning the said Accompt, although again desired: And, whereas, in the last Letter, your Lordships press, that both Houses would appoint Commissioners, to join with the Commissioners of the Parliament of Scotland, to clear and adjust the Accompts, and remove all Differences, concerning the same, as a Way unto which they are obliged by the Ninth Article of the Treaty between the Kingdoms; this House conceiveth That Ninth Article to refer only to Matters of Difference that shall happen to arise between the Subjects of the Two Nations; which are to be determined by the mutual Advice and Consent of both Kingdoms, or their Committees; and cannot properly be applied to the Matter of Accompt; or at least cannot be made use of, till an Accompt be first made, upon which Differences do arise: For although the clearing and adjusting those Accompts may possibly, in time, be thought necessary to be referred to Committees of both Nations, and that Commissioners may be appointed, under the Great Seal, for the Ends and Purposes desired by our Commissioners in October last; yet, until we may understand what is demanded of us by the Kingdom of Scotland, both in relation to that Kingdom, and their Armies, we hold it contrary to the Course of all Proceedings, to refer to Committees what the House is not possessed of, or to go about to surcharge or discompt, until we see what will be demanded as due, and what acknowledged to have been received upon the State of your Accompt: Wherefore we again most earnestly desire your Lordships, that we may, from you, understand what the Sums are that are demanded by the Kingdom of Scotland, as due, not only to their Armies, but to the Kingdom, in all Relations whatsoever; that we may take such speedy Course for the Satisfaction thereof, as your Lordships, and all the World, may see the Clearness and Justness of our Intentions towards you; and may remove all Jealousies and Misunderstandings between the Two Nations.
A Letter from Captain Francis Maissy, from the Fleet, of 9 Junii 1646; and a Petition inclosed, from the said Captain F. Maissy, directed to this House; and a Copy of the Lords Order for the Commitment of the said Captain Francis Maissy; were all this Day read.
The Question was propounded, Whether Captain Francis Maissy, now Prisoner in the Fleet, shall be forthwith released from his Imprisonment, without paying any Fees:
And the Question being put, Whether this Question shall be now put;
It passed with the Affirmative.
Resolved, &c. That Captain Francis Maissy, now Prisoner in the Fleet, be forthwith released from his Imprisonment, without paying any Fees.
And it is Ordered, That the Warden of the Fleet be required to bring the said Captain Maissy to the House To-morrow Morning; to the end he may be discharged accordingly.
Resolved, &c. That the Warden of the Fleet be required and injoined to bring to the House, To-morrow Morning at Nine of Clock, Captain Francis Maissy, his Prisoner.
Resolved, &c. That Edward Wrench, of Bostock in the County of Chester, Husbandman, who standeth sequestred for his Delinquency to the Parliament, for forsaking his own Habitation, and residing in the Enemy's Quarters, his Estate being a Lease, for Nine Years to come, of the Value of Fifteen Pounds Sixteen Shillings per Annum, shall be, and is hereby, freed and discharged of his Delinquency, and of and from all Seizure and Sequestration of his said Estate: And that all Committees for Sequestration, and other Persons whatsoever, employed by the Parliament, or by any Authority derived from the Parliament, do take notice hereof, and yield a ready Obedience hereunto; he the said Edward Wrench having testified his Affections to the Parliament, by serving in Arms for them for the Space of these Two Years last past, or thereabouts.