Die Martis, 21 Decembris, 1647.
PRAYERS.
Delinquents.
MR. John Ashe reports divers 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 Seven hundred and Fourteen Pounds, for a Fine, for
the Delinquency of James Longe, of Daycott in the County
of Wiltes, Esquire: His Offence, That he was in Arms
against the Parliament: He rendered upon the Articles of
Oxford, and is to have the Benefit thereof: His Estate, in
Fee, per Annum, Two hundred Eighty-nine Pounds Thirteen Shillings Four-pence; in Old Rents per Annum,
Thirty-two Pounds Seven Shillings; dry Rents, per Annum, Nine Pounds Thirteen Shillings Four-pence: Out
of which issues, for ever, per Annum, Nine Pounds; for
One Life, per Annum, Sixty Pounds: Which, being allowed, leave the Fine, at a Tenth, Seven hundred Fourteen Pounds.
Provided likewise, That if the said James Longe, have
heretofore, or shall at any time hereafter, revoke or release One Bond, bearing Date the Twelsth of May 1640,
wherein Wm. Courtin Esquire, together with John Earl of
Bridgwater, and Sir Edward Littleton Knight and Baronet,
stand bound unto the said James Long in the Sum of One
thousand Pounds, for the Payment of Five hundred and
Twenty Pounds of lawful Money of England upon the
Fourteenth Day of November then next following; and
One other Bond, bearing Date the Fifteenth of March
1640, wherein Sir Edward Heron, of Cressy Hall in the
County of Lincoln, Knight, together with Sir John Brook
Knight, Sir Wm. Killegrew Knight, Edward Heron, late
of Lincolne's Inn, Esquire, Henry Killegrew Esquire,
George Bampfield Esquire, Edward Reade, of London,
Esquire, and Richard Lygon, of London, Gentleman,
stand bound in the Sum of Four hundred Pounds, for the
Payment of Two hundred and Eight Pounds, upon the
Seventeenth Day of September then next following (which
said Bonds have been ordered and allotted unto John
Dove of Salisbury in the County of Wiltes, Esquire, for
and towards the Reparation of his Losses and Damages,
sustained by the means of the said James Long, and others,
then actually in Arms against the Parliament; which said
Bonds were discovered unto the House of Commons the
Two-and-twentieth of April 1646): That then this present
Composition, made with the said James Long, shall be
null and void.
An Ordinance for granting a Pardon unto James Long,
of Draycott in the County of Wiltes, 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 to the Lords for their Concurrence.
Resolved, &c. That this House doth accept of the Sum
of Two thousand Seven hundred Eighty-two Pounds, for
a Fine, for the Delinquency of Dame Joane Boteler, the
Relict of Sir Wm. Boteler, of Teston in the County of Kent,
Knight and Baronet, deceased, and Mother and Guardian
to Sir Oliver Boteler, Son and Heir of her late Husband,
of the Age of Ten Years, for whom she desires to compound, to clear his Estate from Sequestration: The Offence was in Sir Wm. Boteler the Father, for that he left
his Habitation in Kent, and went into Oxford, when it
was a Garison held against the Parliament, and resided
there; where, about August 1644, he died: Sir Wm.
died seised of an Estate, in Fee, of the Value of One
thousand Four hundred Twenty Pounds Seven Shillings
Two-pence per Annum, charged with One thousand Four
hundred Thirty-two Pounds Fourteen Shillings Ninepence; for Non-payment whereof, the Mortgagees have
entered upon Part of the said Estate; and of a further
Estate for Ten Years to come, of the Value of Three
hundred Thirteen Pounds per Annum: Out of which
Estate issues, for ever, per Annum, Sixty-three Pounds
Fifteen Shillings; and for One Life, per Annum, Sixty-five
Pounds: Which leaves the Fine, at a Tenth, Two thousand Seven hundred Eighty-two Pounds.
An Ordinance, for granting a Pardon unto Dame Joane
Boteler Widow, &c. as aforesaid, for the Delinquency of
Sir Wm. Boteler, on the Behalf of Sir Oliver Boteler an
Infant, 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.
An Ordinance for granting a Pardon unto Sir Richard
Norton, and John Norton Gentleman, Sons of Sir Richard
Norton late of Rotherfield, in Com' Southampton, Knight
and Baronet, for their Delinquency, and for taking off
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 One hundred and Twenty Pounds, for a Fine, for the
Delinquency of Cuthbert Ogle, of Whiston in the County
of Lancaster, Gentleman: His Offence, That he was in
Arms against the Parliament: He rendered before the First
of May: His Estate, in Fee, per Annum, Fifty Pounds;
more, in Two Mills, per Annum, Sixteen Pounds: But it
appears that One of these Mills are burnt; and therefore,
the Fine, at a Sixth, is One hundred and Twenty Pounds.
An Ordinance for granting a Pardon unto Cuthbert Ogle,
of Whiston in the County of Lancaster, 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.
Resolved, &c. That this House doth accept of the Sum
of One thousand Five hundred Pounds, for a Fine, for the
Delinquency of Sir Humfrey Tracy, of Bovey Tracy in
the County of Gloucester, Baronet: His Offence, That he
hath been in Arms against the Parliament, and a Commissioner for the Enemy: That he hath an Estate, in Fee,
of Five hundred One Pounds Twelve Shillings Eight-pence
per Annum; and, in Right of his Wife, Five hundred
Thirty-three Pounds per Annum; and, in Reversion, after
his Mother's Decease, Three hundred Fifty Pounds per
Annum: Out of which there is issuing Two hundred Pounds
per Annum, Annuity to his Brother; Fee Farm Rent to
the Crown, Five Pounds Four Shillings Two-pence
Halfpeny; and to Jesus College in Oxford, Thirty Pounds
Two Shillings Four-pence: Which, being allowed, leaves
the Fine to be One thousand Five hundred Pounds.
An Ordinance for granting a Pardon unto Sir Humfrey Tracy, of Bovey Tracy in the County of Gloucester,
Baronet, 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.
Resolved, &c. That this House doth accept of the Sum
of One hundred and Fifteen Pounds, for a Fine, for the
Delinquency of Thomas Redshaw, of Rippon in the County
of York, Alderman: His Offence, That he adhered unto
and assisted the Forces raised against the Parliament:
He rendered before May 1646: His Estate, in Fee, per
Annum, Twelve Pounds; for Three Lives, per Annum,
Nineteen Pounds Six Shillings; more for One Life,
Ten Pounds Ten Shillings; for Ten Years per Annum,
Four Pounds Six Shillings; personal Estate, One hundred
Pounds: For which the Fine, at a Sixth, is One hundred and Fifteen Pounds.
An Ordinance for granting a Pardon unto Thomas Redshawe, of Rippon in the County of York, Alderman, 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 the Two Bonds belonging to James
Long, of Draycott in the County of Wiltes, Esquire, and
excepted and recited in the Ordinance of the Composition
of the said James Longe, be referred to the Committee
of Haberdashers Hall; for the speedy Recovering of the
Money due upon the said Bonds, to and for the Use of
John Dove Esquire; unto whom the same are allotted
and ordered, for and towards his Losses and Damages,
sustained by the means of the said James Longe, and others,
then actually in Arms against the Parliament; being long
since discovered by the said John Dove, as appears by a
former Order of this House, bearing Date the Two-andtwentieth of April 1646.
Unauthorized Printing.
Ordered, That it be referred to the Committee for
Printing, where Mr. Challoner has the Chair, to send for
Bostock and Walkeley, and all others who have printed
the Scotts Papers, intituled, "An Answer to the new
Propositions;" and to know, By what Authority they
printed the same; and to proceed with them in such
manner as they shall think fit, according to the Power
granted to that Committee.
Ordered, That Mr. Gilbert Mabbott be referred to the
Committee for Printing, to examine, By what Authority he
has licensed a Book, intituled, "His Majesty's Declaration."
Free Quarter.
Ordered, That this House do proceed in the Business
concerning the taking off Free Quarter: And that no other
Business do intervene: And that the House do consider of,
or entertain, no other Business, till that be determined.
Message from Lords.
A Message from the Lords, by Dr. Heath and Mr.
Eltonhead;
The Lords have dispensed with the Earl of Shrewsbury,
and his Countess, to stay in Town; his Lordship having
Leave granted him by their Lordships to go to the Spaw,
and remain here only till he can fit himself for his Journey, by dispatching some urgent Businesses, whereof some
are Law Suits: His Lordship hath no Habitation left him
in the Country; all his Houses being demolished by the
King's Forces: The Lords have likewise dispensed with
the Lord Peters, because his Houses are under Sequestration, and none of them for his Use: His Lordship is
likewise to attend divers Committees of Lords and Commons for Sequestrations, and the Committee of the Revenue for his Arrears due to the Court of Wards: In
both which, concerning the Earl of Shrewsbury, and the
Lord Petre, they desire the Concurrence of this House.
They desire the Concurrence of this House, in an Order
herewith sent, for his Majesty's Solicitor General to sign
a Warrant for a Writ of Error to be allowed, for the Reversing of an Outlawry upon an Indictment for a supposed
Murder, committed about Fourteen Years since, by Lieutenant Colonel Edward Andrewes; that thereby he may
be admitted to come to a legal Tryal by his Country.
Answer.
Resolved, &c. That the Answer to this Message shall
be, That this House will send Answer by Messengers of
their own.
Message from Lords.
A Message from the Lords, by Dr. Aylett and Mr.
Eltonhead;
The Lords have commanded us to bring unto you an
Order concerning Mr. Anthony Fortescue, grounded upon
a Report from the Committee of Lords and Commons for
the Admiralty and Cinque Ports: In which they desire
the Concurrence of this House:- A Report from the same
Committee, for a Commission of Oyer and Terminer for
Piracy; with an Order thereupon: In which the Lords
desire the Concurrence of this House.
Pretended Agent from Lorraine.
The Order concerning Mr. Anthony Fortescue was read;
and, upon the Question, assented unto; and was in hæc
verba; viz.
Ordered, by the Lords and Commons, assembled in
Parliament, That Mr. Anthony Fortescue, pretended Agent
to the Duke of Lorraine, shall depart out of this Kingdom
within Ten Days, or else to be proceeded against according
to Law.
Piracy.
Upon a Report from the Committee of Lords and
Commons for the Admiralty and Cinque Ports, of the
Tenth of December 1647, this Day sent from the Lords;
It is Resolved, &c. That this House doth concur with
the Lords, in approving of the said Order of the said Committee, of 10 Decembris 1647: And that a Commission
of Oyer and Terminer, for Piracy Causes, be issued out,
under the Great Seal of England, to such Commissioners
as the Committee of the Admiralty shall nominate.
Army Arrears.
Resolved, &c. That an Ordinance be forthwith prepared
and brought in, for passing and making over the Security
formerly granted to the Soldiers for their Arrears.
Sir Thomas Widdrington, Mr. Lane, Mr. Samuell
Browne, Mr. Whitelock, or any Two of them, are appointed to prepare and bring in this Ordinance: And
the Care of this Business is more particularly referred to
Mr. Lane.
Resolved, &c. That the same Rules and Proportions be
observed in the stating and auditing the Accompts and
Arrears of the Supernumeraries now to be disbanded, as
are appointed by Votes, of 23 Octobris, 1647, to be
observed in the Auditing and Stating of the Accompts
and Arrears of the Forces of the Army.
Resolved, &c. That a Registry of Debentures be kept
in the several Counties of the Arrears that shall be stated
to be due unto the Soldiery in the respective Counties,
upon their Disbanding: And that Registers be appointed
in the several Counties, for inregistering the said Debentures in the respective Counties.
Resolved, &c. That the Persons nominated Commissioners in the several and respective Counties, in the Ordinance
for the monthly Assessments of Sixty thousand Pounds, or
any Three of them, in the several Counties, be the Persons
that shall be authorized to state and audite the Accompts
and Arrears of the Supernumeraries to be disbanded,
and to give Debentures, and to inregister the said Debentures, and to return Duplicates of the said inregistered
Debentures, under their Hands, to this House.
Ordered, That it be referred to the Committee of the
Army, to bring in an Ordinance or Ordinances upon
these Votes; with a Proviso, That, if any Surcharge can
be brought upon any particular Accompt, within Two
Years, after the particular Debenture given, that Desalcation be made for so much, accordingly.
Indemnity, &c.
Ordered, That the Committee of the Army, together
with the former Ordinances, do bring in the additional
Ordinance of Indemnity in their Hands.
Colonel Birch, Mr. Ellys, Mr. Rich. Sallwey, Mr.
Knightley, Colonel White, Major General Skippon, Sir Wm.
Allenson, Mr. Annesley, Sir Edward Hungerford, Sir Robert Pye, Mr. Rose, Sir Wm. Massam, Mr. John Corbett,
Sir Thomas Dacres, Mr. George Fenwick, Mr. Richard
Darley, Colonel Harvey, Mr. Holland, Colonel Thompson,
Mr. Priesly, Sir Thomas Cheek, Sir Martin Lumley, Mr.
Stapilton, Sir John Francklyn, Mr. Nicholas, Mr. Swinsen;
This Committee, or any Three of them, are appointed
to report the several Ordinances and Declarations passed
concerning Indemnity, maimed Soldiers, Widows and
Orphans of Soldiers slain in the Service of the Parliament,
Apprentices, and Freedom from Pressing: And, if these
Particulars be not sufficiently provided for by the said Ordinances, that they do prepare One or more Ordinance
or Ordinances, for Supply of such Defects as they shall
meet with in the said Ordinances: And the Care of this
Business is more particularly referred to Colonel Birch:
And they are to meet this Afternoon at Two of Clock,
in the Duchy Court; and so de die in diem.
Army Pay.
Resolved, &c. That Two Months Pay be paid to the
supernumerary Forces, that are to be disbanded, upon
their Disbanding.
Mr. Pierrepoint, Mr. Hodges, Mr. Swynfen, Mr.
Scawen, Sir Tho. Dacres, Colonel White, Mr. Nath.
Fienis, Colonel Venne, Mr. Leman, Colonel Birch, Mr.
Sallwey;
Army Arrears, &c.
This Committee, or any Three of them, is appointed
to prepare and bring in a Proposition upon these Three
Heads; viz. For bringing in Six Months Arrears of the
monthly Assessments of Sixty thousand Pounds, at One
Payment: To declare herewith, That Free Quarter shall
thereupon immediately be taken off; and that the Three
Months Assessment shall be freely remitted: And they are
to bring in this Business this Afternoon at Two of Clock.
House to meet P.M.
Ordered, That this House do meet this Afternoon at
Two of Clock.
Free Quarter.
Mr. Hodges reports, from the Committee, a Declaration concerning the Taking off of Free Quarter: The
which was first read over twice; and then voted, Clause
by Clause, and some Amendments made at the Table;
and, upon the Question, passed; and is ordered to be
sent unto the Lords for their Concurrence.
The Declaration followeth, in hæc verba; viz.
WHEREAS an Army, and many other great Forces,
have of Necessity been raised, and kept up, for the
Security and Service of this Kingdom; and for Want of
Payment of the said Army and Forces in due Manner,
they have been necessitated to take and live upon Free
Quarter, in the several Places and Countries of this Kingdom, to the great Charge and Burden of the said Places
and Counties, where they have been so quartered, for
many Months last passed: And though the Parliament, for
the Prevention of that, and other Inconveniencies, and
paying the said Forces, do think fit to lay an Assessment of
Sixty thousand Pounds per mensem, to have Beginning at
the Twenty-fifth of March last past; (which said Assessment
is now Nine Months behind, and in Arrear, so as the
Forces, unnecessarily kept up, could not be disbanded, nor
the Standing Army paid; which hath, for a long Time,
enforced and caused the Taking of Free Quarter): The
Lords and Commons, assembled in Parliament, taking
into their serious Consideration, How, for the present,
the Kingdom may be eased of so great a Burden, and that
Free Quarter may be prevented for the Time to come,
have thought it necessary, that a proportionable Sum of
Money be presently raised, and paid, for the Paying of those
Forces that are to be disbanded, and the future Provision
of the Army, that no more Free Quarter may be hereafter taken by them; and do therefore Order and Declare,
That, for the Purposes aforesaid, the full Sum of Six
Months Assessments, of the Sixty thousand Pounds per
mensem, of the Nine Months now behind, and in Arrear,
be levied and paid by the Fifteenth Day of January next;
and paid, in ready Money, to the Treasurers at Wars,
without any Defalcation. And, upon the speedy Payment
thereof, the said Lords and Commons do further Order
and Declare, That the last Three Months of the said Nine
Months, now in Arrear, shall be, and is hereby Ordered
and Declared to be, remitted and taken off; and the said
Charge of that monthly Assessment to proceed on from
the Twenty-fifth of December instant, for the constant Pay
of the continuing Army. And the said Lords and Commons do further Order and Declare, That the said several
and respective Places and Counties shall, from the Time of
the Payment of the said Six Months Assessment, be forthwith discharged of Free Quarter, by disbanding of those
Forces which are not to be kept up, and by the Withdrawing of all other Forces into Towns and Garisons; so
as for the future it may be, and it is hereby Provided and
Ordained, That no Officer or Soldier shall enter into the
House of any Person or Persons, who shall duly pay their
Assessments, within the Kingdom of England, and Dominion of Wales, without his Consent; (except Inns, Taverns,
Victualling Houses, or Alehouses) nor shall take any
Money, Victuals, or other Provisions for Horse or Man,
without Consent of the Owner, and due Satisfaction given
unto him for the same: But that the said Officers and
Soldiers do make their own Provisions, out of their Pay
allowed to them by the State. And the said Lords and
Commons, upon the Consideration of the Orders and Declarations aforesaid, do expect a ready Compliance hereunto, by all and every the respective Counties, Cities, and
Towns, within this Kingdom, and Dominion of Wales;
in regard they find it impossible to discharge them of the
Burden of the Forces remaining upon them, that exceed
the Establishment of the Army, and to ease the People of
that pressing Grievanee of Free Quarter, without a Performance of the Payment of the Sums and Assessments as
aforesaid.
Indemnity.
An Ordinance for impowering a Committee in the
County of Kent, to put in Execution the Ordinances of
Indemnity, was this Day read; and, upon the Question,
passed; and ordered to be sent unto the Lords for their
Concurrence.
Resolved, &c. That the Knights and Burgesses of the
several Counties, Cities, and Places, do bring in the like
Ordinances, for impowering Committees in their respective Counties, for putting in Execution, in the said
Counties, the several Ordinances for Indemnity.
Resolved, &c. That this House doth declare, That the
Committee of Lords and Commons for Indemnity have
as full Power, to all Intents and Purposes, to act upon,
and put in Execution the additional Ordinances of Indemnity, as they have to act upon, and put in Execution
the first Ordinance of Indemnity.
Ordered, That the Lords Concurrence be desired
herein; to declare the like.
Free Quarter, &c.
Ordered, That, To-morrow Morning, the first Business,
the House do proceed in the Consideration of the Report
concerning the taking off Free Quarter, and Disbanding
of Supernumeraries: And that, according to former Order,
no other Business do intervene, till this be determined.