House of Commons Journal Volume 3
7 February 1644

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History of Parliament Trust

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1802

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'House of Commons Journal Volume 3: 7 February 1644', Journal of the House of Commons: volume 3: 1643-1644 (1802), pp. 390-393. URL: http://www.british-history.ac.uk/report.aspx?compid=10134 Date accessed: 02 October 2014.


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Die Mercurii, Februarii 7, 1643.

PRAYERS.

Courts of Justice.

An Ordinance declaring that in the Absence, Vacancy, Sickness, or wilful Refusal, of the Chief Justice, any other Justice of the said Court may admit and swear a fit Person into any Place void, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence, by Mr. Wheler.

Reducing North Wales.

Mr. Pury reports the Amendments to the Ordinance concerning Sir Tho. Middleton's reducing the Counties of North Wales: The which were Twice read; and, by Vote upon the Question, assented unto: And the Ordinance, thus amended, ordered to be sent unto the Lords for their Concurrence.

Mildmay's Petition.

Ordered, That the Case and humble Petition of Jane Mildmay, this Day read in the House, desiring an Increase of Maintenance above the Fifth Part, be referred to the Consideration of the Committee of Lords and Commons, to do therein, for the Relief of the Petitioner, as That Committee, in their Wisdoms shall think fit and just.

King's Revenue.

Ordered, That all Officers of his Majesty's Exchequer shall write out all Process requisite for levying and bringing in his Majesty's Revenues, and all Arrears of the same, in the Counties of Kent, Surrey, Sussex, Southampton, Berks, London, Middlesex, Essex, Herts, Bedford, Bucks, Suffolk, Norfolk, Cambridge, Huntingdon, Northampton, Rutland, Warwick, Leicester, Lincolne, Lancaster, Nottingham, Derby, Salop, Stafford, and Chester, and in all such other Counties, as the Committee for his Majesty's Revenue shall, from time to time, direct and appoint; and not elsewhere; notwithstanding any Order to the contrary.

Alum Mines.

Sir Rob. Pye, Mr. Bedingfield, Mr. Vassall, Sir Tho. Some, Mr. Bences ambo, Mr. Spurstoe, Mr. Blakiston, Mr. Bond, Mr. Ashes ambo, Mr. Waddon, Mr. Rolle, Sir Wm. Allenson, Mr. Hoyle, Mr. Scawen, Sir Hen. Cholmeley, Mr. Wheler, Mr. Cage;

This Committee is appointed to join with the Committee for the Revenue, as to the Business concerning the Alums and Alum Mines; and what is fit to be done in that Business, for the Advantage of the State, and the Subject: And are to meet, To-morrow, at Two post Meridiem, with the Committee of the King's Revenue, in Chanoine Rue.

Solicitor General.

Ordered, That Mr. Solicitor be required to prepare Letters Patents, as Solicitor General; and to do all other things belonging to that Place; and to receive all Fees incident thereunto; notwithstanding that he is Commissioner of the Great Seal.

Mr. Whittlock is to prepare and bring in a Declaration and Order to this Purpose.

Sir Edward Deering.

The humble Petition of Sir Edw. Deering Knight and Baronet, who came in, and submitted himself to the Protection of the Parliament; and was the first that laid hold upon the Declaration of both Kingdoms; was this Day read: And

Resolved, &c. That Sir Edw. Dering, upon the taking of the National Covenant, shall have the Benefit of the Declaration of both Kingdoms.

Ordered, That a Committee shall be appointed to tender the National Covenant to Sir Edw. Dering, to the end that he may have the Benefit of the Declaration of both Kingdoms; and are further to consider of some Ways, how such as shall come in and demand the Benefit of the Declaration of both Kingdoms, may have the Advantage of it; and to present their Opinions to the House:

Mr. Solicitor, Mr. Holles, Sir Peter Wroth, Sir Ph. Stapilton, Sir Edw. Hungerford, Mr. Pellam, Mr. Whittlock, Sir H. Vane sen. and jun. Mr. Sam. Browne, Mr. Lisle, Mr. Reynolds, Mr. Bond, Mr. Crewe, Mr. Pierrepont, Sir Tho. Barrington, Sir Peter Wentworth, Sir Arth. Heselrig, Captain Wingate: And are to meet this Afternoon, at Three of Clock, in the Court of Wards.

The Covenant.

Resolved, &c. That Mr. Bisse and Sir Poynings Moore be admitted to come into the House, to take the Covenant.

Sir Poynings Moore, Mr. Bisse jun. Mr. Wm. Jephson, Mr. Edw. Mountague, Sir Norton Knatchboll, this Day entered into, and took the solemn League and Covenant, and subscribed the same.

Committee of both Kingdoms.

.... The Committee appointed formerly to consider of the Ordinance for constituting of Committees and Commissioners, to join with the Commissioners from Scotland, do presently withdraw, to perfect the said Ordinance, according to the Debate of this House this Day had.

Mytton's Petition.

Ordered, That the humble Petition of Colonel Thomas Mytton be referred to the Consideration of the Committee of Lords and Commons for Sequestrations.

Hull Garison.

An Ordinance for appointing the Monies that rise upon the Excise and upon the Customs in Hull, to the Maintenance of the Garison of Hull, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Members Assessment.

Resolved, &c. That this House doth give Liberty to Sir Tho. Rowe, Sir Jo. Ivelyn of Godstone, Mr. Harvey, Members of this House, to be assessed by the Committee at Haberdashers Hall, for their Twentieth, and Fifth Part.

Army Maintenance.

An Ordinance for assigning the Twentieth, and Fifth Parts in divers Northern Counties, for the maintaining the Army under the Command of the Lord Fairefax, was this Day read the First time.

House to sit.

Resolved, &c. That the House shall sit this Afternoon, at Four of Clock.

Sir Rob. Harley is appointed to go to the Lords, to acquaint them, That, upon urgent Occasions that import the Kingdom, they intend to sit this Afternoon at Four of Clock; and to desire them to do the like.

Examination of Sir Jo. Evelyns.

Sir Arth. Heselrig, Sir Peter Wentworth, Mr. Long, Mr. Strode, Sir Wm. Lewes, Mr. Ashe, Mr. Serjeant Wilde, Sir Rob. Harley, Sir Tho. Barrington, Sir Tho. Dacres, Mr. Wheler, are added to the Committee for the Examination of the two Sir Jo. Evelyns: And That Committee is appointed to be revived; and to sit To-morrow, at Three of Clock, in the Court of Wards; and send for the Gentlemen, and to examine them again: And have Power to send for Parties, Witnesses, Papers, Records, &c.

Message to Lords.

Mr. Wheeler carried up to the Lords the Ordinance for reducing North Wales, by the Help of the Forces under the Command of Sir Tho. Middleton: The Ordinance for the Levant Merchants to land their Currans: The

Ordinance for constituting of Mr. Bernard, Secondary of the Common Pleas: And brings Answer, That the Lords will send Answer to them all, by Messengers of their own.

Redemption of Captives.

Mr. Green reports the Letters from the Bashaw and Divan of the Port and Scale of Algiers; in Answer to the Letters from the Lords and Commons, touching the English Captives there: And

It is Ordered, That these Letters be referred back to the further Consideration of the Committee for the Navy, both in Reference to a Consul, and to the raising of Monies for the Redemption of the Captives, either by the Bonds upon the One per Cent. or otherwise; and to report it to the House.

Vivar's, &c. Arrears.

Ordered, That the Committee at Haberdashers Hall do, out of the Monies there, forthwith pay Two hundred Pounds to the Treasurers at Guildhall, London; and that they do likewise forthwith pay, unto the Treasurer at Wars, the said Two hundred Pounds; to be by him paid to Major Lydcott and Captain Vivars an Hundred Pounds apiece respectively; to be deducted out of the Arrears due to the said Captain Vivars and Major Lydcott, upon their Entertainment: And that One hundred Pounds-worth of Goods sequestered, being now at Guildhall or Camden-house, shall be delivered to the said Captain Vivars, to be likewise deducted out of the Arrears due to the said Captain upon his Entertainment.

Mr. Cage, Mr. Hill, Mr. Vassall, Mr. Rolls;

Currans imported.

This Committee is to consider of the several Quantities of Currans landed by virtue of an Order of this House; and what is landed without the Warrant of this House, and by whom; and to make Report speedily to this House.

Sequestrations.

Ordered, That a Report be made, at Four of Clock, concerning the Sequestrations.

Windsore Garison.

Ordered, That the Committee for Windsore Garison, or any Four of them, may meet, from time to time, and report to the House.

Excise, &c.

Sir H. Vane, sen. Mr. Whittacres, Sir Gil. Gerard, Mr. Holland, Mr. Greene, Sir Hen. Cholmley, Mr. Blaxeton, Colonel Ven, Sir Wm. Masham, Sir Jo. Curson, Sir Wm. Lewis, Sir W. Erle, Sir Pet. Wentworth, Mr. Wheeler, Sir Rob. Pye, Sir Jo. Corbett, Mr. Buller, Sir Rob. Harley, Mr. Vassall, Mr. Whitlocke, Mr. Trenchard;

This Committee is appointed to consider of an Excise to be set on Tobacco Pipes, or some other thing upon which the Excise is not yet set, for the better Payment of the Monies due and arrear to divers Bandileer-makers, Drum-makers, Gunsmiths, Cutlers, Belt-makers, Sadlers, and other Handicraftsmen, that have delivered Goods and Commodities for the Service of the State; and also, for Payment of Monies due unto Strangers for Goods delivered by them to the State; and are to present their Opinions speedily to the House: And they are likewise to take an Account of the several Debts due to the said Warrants; and who have Warrants assigned for Payment of the same: And are to present a List thereof unto this House: And the Care of this Business is particularly recommended unto Mr. Whittacres.

This Committee is to meet To-morrow at Two Clock, in the Exchequer Chamber.

Members discharged.

Ordered, That Mr. Thelwall's Name, that was, by a Mistake, inserted amongst those Members that were discharged the other Day, be struck out of that List.

Earl of Middlesex's Assessment.

Ordered, That Mr. Strode do go up to the Lords with this Message, To desire them, that the One thousand Pound, at which the Earl of Middlesex is assessed, may be forthwith paid and advanced to the Earl of Stamforde, upon Account.

Ship stranded.

Ordered, That the sending away for the Ship and Goods stranded near Arrundell is left to the Direction of the Lord Admiral, and the ordinary Proceedings of the Court of the Admiralty.

Committee of both Kingdoms.

Mr. Crue reports the Amendments to the Ordinance for constituting Committees to meet and join with the Commissioners in Scotland: The which were Twice read; and, by Vote upon the Question, assented unto.

Resolved, &c. That the Number of Commoners, to be nominated in this Ordinance, shall be Fourteen.

Resolved, &c. The Number of Lords, to be nominated in this Ordinance, shall be Seven.

Resolved, &c. That the first Quorum in this Ordinance, to be any Six; whereof One Lord, and Two Commoners.

Resolved, &c. That the second Quorum, in this Ordinance, to be any Six: whereof One Lord, and Two Commoners.

The Question being put, whether the Fourteen Names, nominated in the Paper sent down from the Lords, termed, "An Ordinance for appointing a Committee of both Houses, &c." should be now read;

The House was divided.

The Yeas went forth.

Sir Henry Vane, Tellers for the Yea: 65.
Sir Arthur Hasilrig, With the Yea,
Mr. Holles, Tellers for the Noe: 51.
Sir William Lewes, With the Noe,

So that the Question passed Affirmatively.

Resolved, &c. That Mr. Wm. Peirpoint, Sir Henry Vane sen. Sir Phil. Stapilton, Sir Wm. Waller, Sir Gilb. Gerard, Sir Wm. Armyn, Sir Arthur Hasilrig, Sir Henry Vane jun. Mr. John Crew, Mr. Robert Wallop, Mr. Solicitor, Mr. Oliver Cromwell, Mr. Sam. Browne, and Mr. Recorder, shall be nominated in this Ordinance, to be Committees appointed to meet with the Committees and Commissioners from Scotland, according to the Powers and Purposes expressed in the said Ordinance.

Resolved, &c. That the Lords to be put into this Ordinance, shall be named by this House.

Resolved, &c. That Algernon Earl of Northumberland, Robert Earl of Essex Lord General, Robert Earl of Warwick, Edward Earl of Manchester, Wm. Viscount Say and Seale, Philip Lord Wharton, and John Lord Roberts, shall be nominated in this Ordinance, to be Committees appointed to meet with the Committees and Commissioners from Scotland, according to the Powers and Purposes expressed in the said Ordinance.

Memorandum, The Names of the Commoners were singly, one by one, put to the Question; and so resolved, &c.; and assented unto.

Resolved, &c. That this Ordinance shall continue for Three Months, and no longer.

Resolved, &c. That this Ordinance, with these Amendments thus amended, shall pass; and that the Lords Concurrence shall be desired herein.

Message from Lords.

A Message from the Lords, by Sir Robert Rich and Mr. Page;

The Lords sent down Three Ordinances; One, concerning the Court of Wards, appointing Mr. Charles Fleetwood Receiver, in the stead of Sir Wm. Fleetwood; and for putting Mr. Shadwell in the Place of Mr. John Mostyn. 2. Concerning Goods prohibited, taken by way of Reprisal. 3. Concerning the Sheriff of Northampton.

The Lords have set this Afternoon, according to a Motion from this House; and it now growing very late, and, not having heard from you, they have adjourned till To-morrow Nine of the Clock.

Sheriff of Northampton.

Resolved, &c. That this House doth agree, that Edward Farmer of Daventry, in the County of Northampton, Esquire, shall be High Sheriff of the said County, in the Room and Place of John Norton Esquire, lately nominated for the same.

Answer to Lords.

Answer returned by the same Messengers; That this House has considered of their Lordships Message; and, as to the Ordinances, concerning the Court of Wards; and concerning prohibited Goods taken by Reprisal; they will send Answer by Messengers of their own. They do agree to Mr. Farmer to be High Sheriff of the County of Northampton, in the Place of Mr. Norton, formerly nominated for the same. The House intends to sit To-morrow.

Convey for Gloucester.

Ordered, That a Message and Letter be forth with sent unto the Lord Grey, That his Lordship do, with all speed, cause the Convoy for the Garison of Gloucester to march thence, according to former Directions from his Excellency, and the Committee of Safety; and that none of the Arms or Ammunition, in the said Convoy, be, upon any Occasion whatsoever, taken out, or diverted to any other Use: And

It is further Ordered, That Lieutenant Colonel Ferrer, who commands the said Convoy, do, according to former Order sent him, forthwith advance; and that, at his Peril, he take care, that none of the said Arms, or Ammunition, be assigned or diverted to any other Use.

Recruiting the Army.

Ordered, That the Ordinance for recruiting the Army under the immediate Command of his Excellency, be reported To-morrow, the first Business.

Prothonotary of Common Pleas.

Whereas the Custos Brevium of the Court of Common Pleas for the time being, as often as the Office of Second Prothonotary of the same Court, hath become void, hath, Time out of Mind, used to nominate and present a fit Person thereunto, as an Incident to his Office of Custos Brevium: And whereas the said Office of Second Prothonotary is lately become void, by the Death of John Gulston Esquire, late Second Prothonotary of the said Court: And whereas John Glyn Esquire, Recorder of the City of London, and Custos Brevium of the said Court, hath, at the Instance of the Right honourable Philip Earl of Pembroke and Montgomery, openly declared in Parliament, and elsewhere, that he intendeth to nominate and present Richard Barnard, of Lincolne's Inn, in the County of Middlesex, Gentleman, in and to the said Place of Second Prothonotary, so void as aforesaid: And whereas some Doubt hath been made, whether the Admission of the said Richard Barnard in and to the said Place doth not belong unto the Chief Justice of the said Court only, and to none other of the Justices: The Lords and Commons, in Parliament assembled, well approving the Abilities and Integrity of the said Richard Barnard, and the Purpose of the said John Glyn, so to nominate and present him the said Richard Barnard, as aforesaid; and, seriously weighing the evil Consequence which may ensue, not only to that Court, by Neglect of the Service thereof, but to the whole Kingdom, by the Want or Delay of Justice, if, in the Vacancy, Absence, Sickness, or wilful Refusal of the said Chief Justice, fit and experienced Persons, nominated and presented in and to the Ministerial Offices, especially such as concern the Execution of Justice in the said Court by such Persons as have Right so to do, shall not be sworn and admitted by the same Court in and to the Offices, whereunto they are so nominated and presented, as aforesaid; have hereby Declared, and, by Authority of this present Parliament, do Declare, That the Right and Power of admitting such Ministerial Officers, as aforesaid, doth not belong unto the Chief Justice of the said Court solely; but that, in the Vacancy, Absence, Sickness, or wilful Refusal, of the said Chief Justice, the said Court, or any other of the Justices of the same, may and ought, without the said Chief Justice, swear and admit such Ministerial Officers, so nominated and presented as aforesaid, in and to the Offices and Places whereunto they shall be so nominated and presented: And therefore the said Lords and Commons do, by Authority aforesaid, Will and Require the Justices of the said Court, or some or one of them, forthwith, upon Sight hereof, at the Nomination or Request of the said John Glyn, to swear and admit the said Richard Barnard in and to the said Office of Second Prothonotary; to hold and exercise the same, with all Fees, Profits, and Advantages thereunto belonging, as his Freehold for his Life, according to the Custom of the said Court, in as ample Manner, to all Intents and Purposes, as the said John Gulston, or any other, exercising the said Office heretofore, lawfully had, exercised, or enjoyed the same; Ordaining, and hereby further requiring the Justices of the said Court, not to admit in or to the said Office of Second Prothonotary, for this Turn, any Person whatsoever, other than the said Richard Barnard. And these Presents shall be unto them, and unto every of them, and to every other Person whom it may concern, a sufficient Warrant, in and for the Premises.

Committee of both Kingdoms.

Whereas by the Covenant and Treaty, ratified and established between the Two Kingdoms, both Nations are engaged in one common Cause against the Enemies of their Religion and Liberties; and, by the late Entrance of the Scottish Forces into this Kingdom, in Pursuance hereof, are firmly united, in a joint Posture of Arms, for their own necessary Defence, and for the attaining the Ends expressed in the Covenant and Treaty: And whereas both Kingdoms have thought it necessary, that they should be joined in their Councils, as well as in their Forces; and, in pursuance thereof, the Convention of the Estates of Scotland have appointed Committees residing in Scotland and in the Scotish Army, and have sent some of the said Committees, as Commissioners, for the Purposes aforesaid, to repair unto and to reside near the Parliament; who, since their Arrival, have presented their Commission and Powers, with their earnest Desire, that the Parliament would lay down some speedy and constant Way of communicating the Desires, and joining the Councils of both Kingdoms, in pursuance of the Covenant, Treaty, and common Interest of his Majesty's Dominions: In Consideration hereof, the Lords and Commons do nominate, ordain, and appoint Algernoon Earl of Northumberland, Robert Earl of Essex Lord General, Robert Earl of Warwick Lord Admiral, Edw. Earl of Manchester, Wm. Viscount Say and Seale, Philip Lord Wharton, John Lord Roberts, Wm. Peirpoint, Sir Henry Vane sen. Sir Philip Stapilton, Sir Wm. Waller, Sir Gilb. Gerard, Sir Wm. Armyn, Sir Arthur Hasilrig, Sir Henry Vane jun. John Crew, Robert Wallop, Oliver St. John Solicitor General, Oliver Cromwell, Samuel Browne, John Glyn Recorder, or any Six of them, whereof One Lord, and Two Commoners, to treat with the Committees and Commissioners appointed by our Brethren of Scotland, in such Things as shall by them be propounded from and in the Name of the Kingdom of Scotland, for the Ends aforesaid; as likewise to propound to the Committees and Commissioners of Scotland, whatever they shall receive in Charge from both Houses; and, from time to time, to advise and consult concerning the same, and report the Results to both Houses. And further Power and Authority is hereby given to them, or any Six of them, whereof One Lord and Two Commoners, as a joint Committee with the Committee and Commissioners of Scotland, to advise, consult, order, and direct, concerning the carrying on and managing of the War for the best Advantage of the Three Kingdoms, and the keeping a good Intelligence between the Three Kingdoms their Forces, Committees, and Councils; and likewise with Power to hold good Correspondency and Intelligence with foreign States: And further to advise and consult of all things, in pursuance of the Ends expressed in the late Covenant and Treaty. Provided always, that nothing in this Ordinance shall authorize the Committee hereby appointed to advise, treat, or consult concerning any Cessation of Arms, or making Peace, without express Directions from both Houses of Parliament. And, lastly, the said Committee are to observe such Orders and Directions, as they, from time to time, shall receive from both Houses of Parliament. Provided also, that this Ordinance shall continue for Three Months, and no longer.

Hull Garison.

THE Lords and Commons, assembled in Parliament, do Order, Ordain, and Appoint, That all such Monies as are raised, and not already paid into the Office for Excise, or which shall be raised upon any Ordinance or Ordinances for Excise in the Town and County of Hull, 8317 8313 11 11 shall be paid over, upon Account, by the Officer or Officers there appointed to collect the same, unto the Right honourable Ferdinando Lord Fairfax; for and towards the Payment of the Garison at Hull, until both Houses take further Order: And also, that all Monies that are collected for or upon the Customs in or for the Town or Port of Hull, remaining in the Hands of the Officer or Officers there appointed to receive the same, or which shall be raised or collected for the said Customs, shall be paid over by the Officer or Officers likewise, upon Account, to the said Lord Fairfax; for Payment of the Garison, until both Houses take further Order: And that the Treasurer at Wars do repay the same to the Treasurer for the Navy.