Journal of the House of Commons: Volume 5, 1646-1648. Originally published by His Majesty's Stationery Office, London, 1802.
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Die Martis, 4 Januarii, 1647.
Mr. John Ashe reports Fines and Compositions from the Committee at Goldsmiths Hall: Whereupon it is resolved, as followeth; viz.
Resolved, &c. That this House doth accept of the Sum of Eight hundred Sixty-six Pounds, for a Fine, for the Delinquency of Edward Berkley, of Pull, alias Pill, in the County of Somersett, Esquire: His Offence, That he was in Arms against the Parliament: He rendered before December 1645: His Estate, for his Life, in Possession, per Annum, Two hundred Pounds; in Reversion, per Annum, Three hundred Sixty-six Pounds; for Twenty-seven Years yet to come, per Annum, Three hundred Pounds: For which his Fine, at a Tenth, is Eight hundred and Sixty-six Pounds.
An Ordinance for granting a Pardon unto Edward Berkley, of Pull alias Pill, in Com' Somerset, Esquire, for his Delinquency, and for taking off 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.
Resolved, &c. That this House doth accept of the Sum of Four hundred Twenty-four Pounds, for a Fine, for the Delinquency of John Martin, of Yarcombe in the County of Devon, Esquire: His Offence, That he adhered unto and assisted the Forces raised against the Parliament: He rendered upon the Articles of Exeter: His Estate, in Fee, per Annum, One hundred and Eighty Pounds; for Three Lives, per Annum, Twenty Pounds Thirteen Shillings and Four-pence; for a Thousand Years, per Annum, Five Pounds; for Two Lives, per Annum, Five Pounds Thirteen Shillings and Four-pence; for Seventeen Years, per Annum, Twenty Pounds; charged with a Mortgage of One hundred Pounds, which is forfeited and seized: So the Fine remains at a Tenth, Four hundred and Twentyfour . . . . . . .
An Ordinance for granting a Pardon unto John Martin, of Yarcombe in the County of Devon, Esquire, for his Delinquencies, and for taking off 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.
Resolved, &c. That this House doth accept of the Sum of Three hundred and Thirty Pounds, for a Fine, for the Delinquency of Gyles Penny, of East Quanticks in the County of Somersett, Gentleman: His Offence, That he was in Arms against the Parliament: He rendered upon the Taking of Bridgwater: His Estate, for his Wife's Life, per Annum, Two hundred and Ten Pounds; in old Rents, per Annum, Forty Pounds: For which his Fine, at a Tenth, is Three hundred and Thirty Pounds.
It is ordered to be reported to the House, before any Fine be paid; "And further, that Mr. Penny hath, since his Render upon the Taking of Bridgwater, as aforesaid, been Two Years in Arms for the Service of the Parliament."
An Ordinance for granting a Pardon unto Gyles Penny, of East Quanticks in the County of Somersett, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.
Ordered, That, on Thursday Morning next, after the Reports at Goldsmiths Hall, the Petition of the East India Company, and the Business concerning the Navy, be reported.
Carisbrooke Castle, &c.
Ordered, That it be referred to the Committee of the Army, and the Committee of the Navy (joined as to this Business), to meet this Afternoon; and to take care, that the Castle of Carisbrooke may be speedily furnished with Victuals, and other Necessaries; and that Carriages be provided for mounting the Ordnance in the Castle of Carisbrook, and in the other Forts and Castles of the Isle of Wight.
Ordered, That it be referred to the Committee of the Army, to take Care that the Monies may be ready in the several Counties, for disbanding the Supernumeraries; and that they take care of putting in Execution all other Things, in order and relation to the Perfecting of that Work, for Disbanding of Supernumeraries.
Resident to Holland.
Ordered, That Mr. Walter Strickland, Resident for the Parliament with the States of the United Provinces, be required, by Letter, forthwith to repair into Holland, to his Employment there.
Mr. Fenwick is appointed to prepare this Letter.
Resolved, &c. That the Fine of Three hundred and Thirty Pounds, set upon Gyles Penny, be remitted unto him, in full Satisfaction of his Arrears grown due since his Service to the Parliament.
Resolved, &c. That Mr. Aldworth, Mr. Crowther, Mr. James Nelthorpe, Mr. Snelling, Colonel Thomson, Colonel Birch, Mr. Pury, be added to the Committee of Excise.
Resolved, &c. That the Lords Concurrence be desired herein.
Dr. Usher, &c.
Ordered, That, on Saturday Morning next, the Petition of Dr. James Usher, and the Report concerning Mr. Rigby, be read and considered.
Ordered, That the Petition of the Levant Company be read on Thursday Morning next.
Ordered, That the Knights of the Shire, and Burgesses of the Western Counties, do take out from the Committee of the Army the Letters and Books that are to be sent into those several Counties, for bringing in the Six Months Assessments: And that they take effectual Care speedily to send them into those Counties.
Ordered, That, on Thursday Morning next, Mr. Whittacre make Report of the Welsh Sheriffs: And that then a Conference he desired, for settling the Business of Sheriffs.
Message to Lords.
According to Order Yesterday made, Mr. Lisle carried to the Lords the Votes Yesterday passed concerning Addresses to the King; and concerning the Committee at Derby House.
Mr. Speaker left the Chair, to the end all the Members might accompany this Message.
A Message from the Lords, by Sir Edward Leech and Mr. Page;
The Lords have commanded us to put you in mind of a late Conference which they had, touching Colonel Rainsborough not going to Sea; to which they have had yet no Answer.
Ordered, That this Business be taken into further Consideration on Monday Morning next.
Answer returned by the same Messengers; That this House has considered their Lordships Message; and have appointed a Time to take it into speedy Consideration.
Committee of Grievances.
Mr. Rigby, Mr. Scott, Mr. Weaver, Mr. Marten, Mr. Ashurst, Colonel Birch, Alderman Pennyngton, Mr. Fenwick, Mr. Reynolds, Sir John Evelyn, Sir Wm. Massam, Mr. Serjeant Wilde, Colonel Ludlow, Sir Thomas Wrothe, Colonel Morley, Mr. Jennour, Mr. Nicholas, Mr. Foxwist, Mr. Solicitor, Mr. Knightley, Mr. Annesley, Mr. Salloway junior, Mr. Nath. Stephens, Mr. Myles Corbett, Mr. Robert Goodwyn, Mr. Vachell, Mr. Trenchard, Mr. Bois, Mr. John Stephens, Sir Francis Pyle, Lieutenant General Cromwell, Sir Roger North, Mr. Wheeler, Mr. Hallowes, Mr. Hoyle, Mr. Hill, Sir Wm. Armyn, Mr. Hatcher, Sir John Boywer, Sir Edward Hungerford, Mr. Bedding field, Mr. Green, Mr. Rolle, Major General Skippon, Mr. * Boone, Mr. Holland, Colonel Purefoy, Sir Gregory Norton, Mr. Pyne, Major General Browne, Mr. Hay, Mr. Challoner, Mr. Cawley, Mr. Long, Sir Edw. Partherich, Mr. Pierrepoint, Mr. Vaughan, Mr. Swynfen, Mr. Trevour, Mr. Povey, Colonel Apsley, Colonel White, Mr. Prideaux, Sir Henry Mildmay, Mr. John Ashe, Mr. Edward Ashe, Sir Thomas Soame, Mr. Aldworth, Mr. Stockdale, Mr. Thorpe, Sir Wm. Allenson, Mr. Hunt, Mr. Westrow, Mr. Rose, Mr. Toll, Sir John Trecour, Mr. Selden, Mr. Whittacre, Lord Carre, Sir Thomas Widdrington, Sir Tho. Trevour, Mr. Ellis, Mr. Sam. Browne, Mr. Richard Darley, Mr. Blakiston, Mr. Stapilton, Mr. Stapilton junior, Mr. Jones, Mr. Crowther, Mr. Shuttleworth, Sir John Temple, Mr. Dodderidge, Mr. Herbert, Mr. Priestley, Mr. Gell, Sir Wm. Brereton, Colonel Fleetwood, Mr. John Carey, Mr. Grove, Mr. Anlaby, Mr. Wingate, Mr. Maynard, Mr. Bulkley, Mr. Gurdon, Mr. Twisden;
This Committee is appointed to meet this Afternoon at Two of Clock, in the Exchequer Chamber; and so de die in diem: And the Care of this Business is more particularly referred to Mr. Rigby and Mr. Thomas Scott: And this Committee is to consider of such Grievances as have been promised to the People to be redressed; and of such Ease as is fit to be given, in relation to their Burdens, their Freedoms, and Liberties; and of Reforming of Courts of Justice, and Proceedings at Law, and in Matters of Trade, and of all other Things of publick Concernment, which they shall hold fit for the Good and Weal of the People: And that they prepare Bills or Ordinances for the same; and present them to the House. And this Committee hath Power to send for Parties, Witnesses, Papers, Records, &c.
Privilege of Parliament.
An Order concerning the Members of this House laying down their Privilege, was this day read the Second time.
And the Question being put, For the Commitment of it;
It passed with the Negative.
And then the Order, upon the Question, passed; and was in hæc verba; viz.
The Commons, in this present Parliament assembled, having a tender Regard to the general Good of this Kingdom, and considering the many weighty Affairs which hath prolonged this present Session of Parliament; during which Time, by reason of the Privileges of Parliament, the Prosecution of just Suits may be too much delayed; for the present Remedy whereof, the said Commons, being willing to forbear for some time their own Interest and Privilege, for the publick Good, do Order, and be it Ordered, by the Commons, in this present Parliament assembled, That no Person or Persons, under the Authority of the said House, except the Members thereof, shall, from the Twentieth Day of this Instant Januarii, Anno Domini 1647, during this present Session of Parliament, have any Protection or Immunity, by reason of any Privilege of the said House of Parliament, or derived from the Members thereof, or any of them, in any Action or Suit for Debt, or any Action or Suit, grounded upon any Right or Title to any Lands, Tenements, or Hereditaments; or upon any Contract upon Borrowing or Lending, or Buying or Selling; or grounded upon any Security given, or to be given, by Lease, Mortgage, or otherwise, for any Sum or Sums of Money. And it is hereby further Ordered, during this present Session of Parliament, in the Cases aforesaid, that the Members of the said House of Parliament, and every of them, their Lands, Tenements, Hereditaments, Goods and Chattels, shall be subject to any Action, Suit, Process, Execution, Decree, or other Demand whatsoever, in Law or Equity (so that the same extend not to the Imprisonment or Arrest of the Person), or to Prosecution upon any Penal Law. And be it further Ordered, That every Member of this House, having Process delivered him for Appearance in the Cases aforesaid, do accordingly make his Appearance; or, in Default, this House, on Complaint thereof, will take such Course therein, as to Justice shall appertain.
Ordered, That this Order be printed.
Ordered, That it be referred to the Committee of Complaints, to receive the Complaints against such Members of this House, who having Process delivered them for Appearance in the Cases mentioned in the Order this Day made concerning the Privilege of Members, do make Default therein; and report the same to the House; to the end Course may be taken therein, in such manner as the House shall think fit.
Mr. Maynard, Mr. Hill, Mr. Reynolds, are appointed to prepare and bring in an Ordinance, To-morrow Morning, for making the Members of both Houses liable to Suits upon Debts, notwithstanding the Privilege of Parliament.