House of Commons Journal Volume 6: 5 March 1649

Die Lunæ, 5 Martii, 1648.

Prayers.

Judges Oath.

MR. Lysle reports from the Lords Commissioners for the Great Seal, the Form of an Oath to be taken by the Justices of the several Circuits in Wales, mutatis mutandis.

Which was read; and, upon the Question, agreed unto; and was in hæc verba;

YOU shall well and truly serve the Commonwealth, in the Office of one of the Justices of Carmarthen, Pembroke and Cardigan, according to the best of your Skill and Knowledge. So help you God.

Prince Elector.

Sir Henry Mildmay reports the Arrears due to the Prince Elector, of his yearly Allowance of Eight thousand Pounds per Annum; with a List of the Servants and Retinue that are to go beyond Seas with his Highness.

Ordered, That the Six thousand Five hundred Pounds Arrear to his Highness the Prince Elector be forthwith paid unto him, out of the Estates formerly assigned, by several Ordinances of Parliament, for raising of a Revenue of Eight thousand Pounds for his said Highness: And that the Estates so assigned shall not be otherwise disposed of, before the said Sum of Six thousand Five hundred Pounds be first paid unto his said Highness: And in case any of the said Estates, within the said Ordinances, shall be compounded for before the said Arrear of Six thousand Five hundred Pounds shall be satisfied and paid; then such Composition Money shall be paid to the Treasurer of the Committee for the Revenue of his said Highness, for and towards the Raising, and until the said Sum of Six thousand Five hundred Pounds be satisfied unto his said Highness: The Acquittance of which said Officer, appointed by the said Committee, shall be a sufficient Discharge to all such persons as shall pay the said Composition Monies; and also to the Committee of Goldsmiths Hall, or any others, authorized and appointed by Parliament for the Making of such Compositions, as if the said Monies had been paid unto them, or any of them.

A List of his Highness the Prince Elector's Servants.

Johan Frederick de Landas, Steward; his Wife and Two Children.

James Gallener, Jacob Grasler, his Men.

Jane Coolin, and Elizabeth Collett, his Maids.

La Mott du Pont, Mr. Daniel Lisle, Gentlemen of the Horse.

Hanswolfe, his Man.

Charles de Waltrum, Ralph Jenings, Gentlemen Waiters.

Tho. Regus, * Campagne, their Men.

John Wilkins, Chaplain.

John Ferne, his Man.

Christian Scholoer, Cofferer.

Frederick Scholoer, his Brother.

Johan Jacob Frays, Secretary.

John Reynolds, his Man.

Johannes Priceous, Bibliothecaris.

Ernestas Byron, Page.

Simon Alcoffe, with his Wife, and a Maid Servant, and

Tobias Mezler, Grooms of the Bedchamber.

Nicolas Entz, Groom of the Back-stairs.

Christopher Rumpolt, Butler, and his Wife.

George Rumpolt, his Brother.

Wendell Hart, Yeoman of the Stable, with his Wife.

Gerhard Vanputt, Nicolas Ferne, Trumpeters, with their Wives and Children.

George Wendill, Cook.

Philip Heylman, Purveyor.

Hans Close, Taylor, with his Wife.

William Devereux, Conrade Huss, Hans Philip Diemer, Hans Conrade, John Cenny, Henry Gielbert, Grooms of the Stable.

Thomas Geldney, Richard Woodkeeper, David Mather, Footmen.

Christopher Clos, Captain, his Wife and Child, and a Maid.

Mr. Starke, Johan Preiswerke, Mr. des Fontaines, Doctor of Physick, Mr. Samuel Lee.

Thirty Horses, or Geldings, and Three Mares.

That Mr. Wilkins, the Chaplain, may have the Leave of the House to wait upon his Highness for Six Months, without Prejudice to his Relation, in the University of Oxford, being Warden of Wadham College.

Ordered, That this House doth approve of all the Persons specified in the said List, to have Liberty to go with his Highness the Prince Elector: And that Mr. Wilkins shall have Leave for Four Months to wait upon his Highness, without Prejudice to his Relation in the University of Oxford.

Ordered, That no other Person be permitted to go with the Prince Elector, in the Ships appointed for his Convoy, but such as are specified in the said List, besides the Persons that belong to the said Ships.

Ordered, That the Committee of Wigorne do forthwith pay, or cause to be paid, unto the Committee for the Revenue of his Highness the Prince Elector, or to such Person or Persons as they shall appoint to receive the same, all such Rents, Sum and Sums of Monies, as they, or any of them, or any other Persons whatsoever, by their Order or Appointment, have received out of the Estates of Sir George Winter Knight, and Sir Walter Blunt Knight, within the said County of Wigorne, or either of them, since the same were assigned and appointed, by Ordinance of Parliament, for and towards the Raising of a Revenue for his said Highness: And that the said Committee do henceforth forbear, either by themselves, or their Officers, to intermeddle further with the Rents and Profits of the said Estates, as they will answer the Contrary at their Perils.

Mr. Trenchard likewise reports the Desire of the Prince Elector for the Transport of his Person, and Retinue.

Ordered, That it be referred to the Commissioners of the Admiralty at Sea, to provide a Convoy, and a Ship of War, for the Transport of the Prince Elector, and his Retinue.

Informations against Bellasis, &c.

Ordered, That the Informations and Letters sent from the Committee of the County of Durham, concerning Sir Richard Bellasis, Mr. George Lilborne, and Mr. Tho. Shadforth, and others, of that Committee, with several Petitions and Informations, in the Hands of Mr. John Blackiston, a Member of this House, be referred to the Northern Committee: And the said Committee, or any Five of them, are to take the same into speedy Consideration; and examine the same; And that they sit this Afternoon; and so de die in diem: And that Sir Arthur Heslerigg and Colonel George Fenwick be added to the said Committee.

Dissents to Vote 5 Dec.

Mr. Thomas Challener reports from the Committee appointed to take the Dissents or Disapprovals to the Vote of Fifth December last, That Mr. Carrant doth disapprove of the said Vote.

House to sit.

Ordered, That this House do sit To-morrow.

Invalid Soldiers.

Ordered, That the Treasurers of Goldsmiths Hall be required forthwith (notwithstanding any Anticipation) to pay Three thousand Pounds to the Treasurers for the maimed and sick Soldiers; to be disposed of as was formerly ordered: And that the Committee for the Goods of the late King do, by Sale thereof, or otherwise, take care to raise Monies, that Three thousand Pounds be speedily reimbursed to the Treasurers of Goldsmiths Hall.

Sir John Paulett.

Mr. Ashe reports from Goldsmiths Hall, the Composition of Sir John Paulett, who was within the Articles of Exeter: According to which Articles, the Fine came to Three thousand Seven hundred Sixty Pounds Twelve Shillings.

Resolved, &c. That this House, out of Respect to the General, doth remit the Fine and Delinquency of Sir John Paulett Knight: And that an Act be brought for his suing out his Pardon.

Ld. Paulett.

Mr. Ashe reports from the same Committee, touching the Lord Paulett, That he was within the Articles of Exeter: According to which Articles, his Fine came to Two thousand Seven hundred Forty-two Pounds: Besides which he hath settled Two hundred Pounds per Annum on Lyme: And Fifteen hundred Pounds is to be paid out of his Estate, to the Lady Drake, by the Ordinance of Parliament.

The Question being propounded, That this House doth accept of the Sum of Two thousand Seven hundred Forty-two Pounds (over and above the Two hundred Pounds per Annum, settled upon the Town of Lyme, and the Fifteen hundred Pounds payable out of his Estate to the Lady Drake) for the Fine, for the Delinquency of John Lord Paulett; and that an Act be brought in for his suing out his Pardon;

The House was divided.

The Yeas went forth.

So the Question passed with the Affirmative.

Resolved, &c. That this House doth accept of the Sum of Two thousand Seven hundred Forty-two Pounds (over and above the Two hundred Pounds per Annum settled upon the Town of Lyme, and the Fifteen hundred Pounds payable out of his Estate to the Lady Drake) for the Fine, for the Delinquency of John Lord Paulett: His Estate being, That he hath for his Life, per Annum, Six hundred Twenty Pounds; in old Rents, for his Life, Three hundred Eighty-nine Pounds; for Three Lives, per Annum, Five hundred Four Pounds; in old Rents, for Three Lives, Twelve Pounds Twelve Shillings; for Eight Years to come, per Annum, Fifteen Pounds; in old Rents, for Eight Years, per Annum, Thirty-five Pounds; and, for Fifteen Years, in old Rents, per Annum, Twenty-two Pounds: And that an Act be brought in for him to sue out his Pardon accordingly.

Ordered, That the Fifteen hundred Pounds ordered to be paid to the Lady Drake, out of the Estate of the Lord Paulett, shall be paid, notwithstanding his Composition.

Wogan's Arrears.

Ordered, That the Committee of the Army be required, out of the Monies to be paid for the Compositions of Wales, to pay unto Colonel Wogan the Monies, which, by an Order of this House, of the Twentieth of June last, were to be paid him, upon Accompt, in Part of his Arrears, out of the Estates of those that have been in the last Insurrection in South Wales: And that the said former Order, of the Twentieth of June last, be taken off.

Free Quarter.

Ordered, That the Report touching taking off Free Quarter be made To-morrow Morning, the first Business.

Naval Martial Laws.

Colonel Wauton reports from the Council of State Laws and Ordinances of the Sea, established for the better Government of the Fleet at Sea: Which were this Day read the First time, at large; and were afterwards read by Parts.

And the Title being first read, was, with some Amendments, upon the Question, agreed unto.

And every particular Article being read, was put to the Question; and, with some Amendments, offered at the Table, upon the Question, were severally assented unto.

And the said Laws and Ordinances, so amended being put to the Question, passed; and were as followeth; viz.

Laws and Ordinances Martial, established for the better Government of the Fleet, by Colonel Deane, Colonel Blake, and Colonel Edw. Popham, Commissioners authorized to execute the Place of Admira and General of the Fleet; as also to the Vice Admiral, Rear Admiral, Captains, Lieutenants, Masters, Masters Mates: and to all other Officers, Mariners, and Seamen, belonging to the Fleet; for the Service of this Commonwealth: and to all others whom these Laws and Ordinances shall concern: Which Laws and Ordinances hereby published, all the said Persons, respectively and severally, are required and commanded to observe and keep upon Pains and Penalties therein expressed.

1. ALL Commanders shall endeavour, that Almighty God be solemnly and reverently served in their respective Ships, especially on the Lord's Day.

2. Unlawful Oaths and Execrations, and scandalous Acts, in Derogation of God's Honour, shall be punished with Loss of Pay, and other Punishments usual at Sea, as the Council of War shall think fit in their Discretion.

3. All such as shall give, practise, or entertain, Intelligence to or with any Prince, or other Person, being an Enemy to this Commonwealth, by any manner of Means or Slights, or have any Communication with them, without Direction or Leave from the Commissioners, who command as Admiral, or the Chief of every Squadron, shall be punished with Death.

4. If any Person or Persons employed at Sea, or any Persons from Land, coming abroad, shall inveigle any Officer or Seaman belonging to the Navy to revolt from their Duty, by offering any Petition or otherwise, to the Prejudice of the present State and Government; the Person or Persons so offending shall be liable to be tried by a Council of War; and punished either by Death, or otherwise, according to the Nature of the Offence, in the Judgment of the said Council of War.

5. No Person or Persons of the Fleet shall relieve the Enemy with Money, Victuals, Ammunition, Arms, either directly or indirectly, upon pain of Death: Nor harbour or conceal any Enemy, or known Delinquent, on Shipboard; or carry, or endeavour to carry, any such beyond Sea; upon like Penalty.

6. No Person shall presume to injure and wrong, at Sea, the known Friends and Allies of this State; nor, in the Visiting of any Ships or Vessels, either take Goods by violent Hands, or by Fear and Terror extort them; upon Pain of Cashiering, and further Punishment, at the Discretion of the Council of War.

7. All Theft and Robbery shall be punished by the Council of War, at Discretion.

8. All Officers and Mariners hired to the Service, that shall run away, or entice others to do the same, shall be severely punished, as the Council of War shall think fit.

9. No Officer or Seaman shall presume to lie on Shore without Leave from his superior Officer, upon Pain of losing Two Days Pay for such First Offence; a Month's Pay for such Second Offence; and, for such Third Offence, upon Pain of Cashiering: And the Monies so forfeited shall be put into the Chest for Relief of maimed Seamen and Widows.

10. Whatsoever Officer or Commander shall be convicted of Cowardice or Negligence in the Service, as lying in Harbour, not pursuing the Chace in time of Service, not endeavouring to relieve a Friend in View, or the like, shall be cashiered and liable to such further Punishment as by the Council of War shall be judged fit.

11. When, at any Service or Action, shall be commanded, no Man shall presume to stop, or put backward, the said Action or Service, upon Pain of Death.

12. If any Motion be made, or any Speeches used, by any one, tending to the Carrying away of any Ships from the Service of the Commonwealth, or to the Prejudice of the Service; every such Offender shall be proceeded against at a Council of War; to be punished by Death, or otherwise.

13. None shall utter Words of Sedition and Uproar, or make any mutinous Assemblies, on any Pretence whatever, upon Pain of severest Punishment.

14. No Person shall conceal mutinous Words which have been spoken by others, but forthwith acquaint the superior Officer with them, upon the like Penalty.

15. No Man shall use provoking or reproachful Words or Acts against any, upon Pain of Imprisonment; and such other Punishment, as the Council shall think fit to be inflicted upon Enemies to Discipline and Service.

16. None shall presume to quarrel with his superior Officer, upon Pain of severe Punishment; nor to strike any such upon Pain of Death.

17. None shall use any Words tending to the Death of the Commissioners, or any of them that command as Admiral, upon Pain of Death.

18. None shall imbezil any Part of the Ship's Tackle of Furniture, or of the Arms or Ammunition, upon Pain of present Cashiering; and such further Punishment, as the Council of War shall think fit.

19. None shall take out of any Prize, any Goods, Cables, Anchors, or Sails, or any other Thing to her belonging, before the Prize be adjudged a Prize in the High Court of Admiralty, upon the Pain of Cashiering; and such further Punishment as the Council of War shall think fit: And, when a Prize shall be so judged by the said Court of Admiralty, no Captain or other shall imbezil or make any Dividend of any thing belonging to the same, with . . . Authority from a Council of War, or the Commissioners who command as Admiral; upon the like Penalty.

20. All other Crimes and Misdemeanors, not mentioned in these Articles, shall be punished according to the usual Customs of the Sea.

Naval Officers.

He likewise reports from the Council of State, a Particular of some reasonable Increase of Salary, for the Encouragement and Maintenance of the Officers belonging to the Fleet: Which was read.

Ordered, That it be referred back to the Council of State, to report the former Rates allowed to Officers of the Fleet, and the Increase now propounded, distinctly; and propound some Rules, that such Increase be paid only to such Officers of the Navy, as, upon their Return, shall deliver up their several Charges, without Imbezilment of the Stores, or other Abuse to the Commonwealth; and to report it to the House with Speed.

Judicial Seal.

An Act for the altering of the former Judicial Seal for the Counties of Denbigh, Mountgomery, and Flynt, was this Day read; and, upon the Question, passed.

Dissents to Vote 5. Dec.

Ordered, That it be referred to Mr. Lysle, Mr. Scott, Mr. Holland, Colonel Ludlow, Mr. Luke Robinson, or any Three of them, to receive what shall be tendered for Satisfaction, by such Members as have not entered their Dissent or Disapproval to the Vote of 5 Decembris last, before the First of March; and to report their Opinions to the House concerning such Members as they shall receive Satisfaction from.

Abolishing Monarchy.

An Act for taking away Kingship was this Day read the First time.

Abolishing House of Peers.

An Act for abolishing the House of Peers was this Day read the First time.