House of Commons Journal Volume 2: 16 February 1642

Die Mercurii, 16 Feb. 1641.

PRAYERS.

Ld. Castleton's Estate.

1^a vice lecta est Billa, AN Act to enable the Trustees of the LordCastleton to sell Lands, in pursuance of the last Will and Testament of the said Lord Castleton.

Glamorgan, &c. Petition.

Ordered, That the Petition of the Inhabitants of the Counties of Glamorgan and Monmouth, be referred to the Committee for Monopolies, to take into their Consideration, so soon as the great Business of the Kingdom will suffer that Committee to be revived, and to sit.

Militia.

Mr. Pierrepoint carried up to the Lords the Ordinance concerning the Militia, ingrossed.

Bedford Level.

Resolved, upon the Question, That the whole Matter of Draining of the great Level of the Fens, of the Earl of Bedford's Undertaking, be wholly referred to the Committee for the Fens, where Mr. Pelham hath the Chair: And that the Committee shall have Power to consider how and which Way that great Work may be perfected: And that the Consideration of the Commission granted unto Sir Philip Vermuyden be recommitted unto the same Committee: And all, that will come, are to have Voices at that Committee.

The Question being propounded, for the Staying of the Proceedings upon the Commission granted to Sir Cornelius Vermuden, concerning the Fens, till this House take further Order;

The Question was put, whether this Question should be now put.

And was carried negatively.

Naval Affairs.

Mr. Green reports from the Committee for the Navy, the Articles of Agreement and Condition of the Setting forth the Ships from Bristoll to Sea as followeth:

Articles agreed on by the Committee appointed by the House of Commons, with Humphry Hook and Richard Long, Esquires, Aldermen and Burgesses for the City of Bristoll, and Miles Jackson and William Merrick Merchants; in the Behalf of themselves, and other Owners of the Three Ships of Bristoll, as by a Schedule annexed.

1. THAT the said Ships shall be completely rigged, victualled, and manned, at the Charge of the said Owner, in warlike Equipage, fitting to serve his Majesty and the Parliament, before this present Twentieth Day of February; and that the said Ships shall be then let to Freight to his Majesty and the Parliament for Eight Months time, accounting Twenty-eight Days to the Month.

2. That the said Ships shall be every way furnished with Guns, Ammunition, Victuals, Men, &c. according to the Proportion of their Tons, (measured by the accustomed Rule of the Corporation of Shipwrights) as is usual for Ships employed for Men of War in his Majesty's Service; and according to a Schedule hereunto annexed.

1. In Consideration whereof, they are to have Allowance of Three Pounds Fifteen Shillings and Sixpence per Month, accounting Twenty-eight Days to the Month, for each Man, of their several Complements; allowing Thirty Men to every hundred Tons for the said Eight Months, in case they serve:

2. But in case they be discharged from the Service before the Determination of Six Months, then they are only to be allowed from the Time of their Discharge and Return to Hunger-roade near Bristoll, until the said Expiration of Six Months, after the Rate of One Pound Fifteen Shillings and Sixpence for each Man, of their Complements; which Allowance is in respect of Freight.

3. That in Case any of the said Ships miscarry in this Service, they are to be paid only for so long as they did serve.

4. They are to be allowed Ten Shillings per Man, for Rigging Wages, and likewise for Chirurgeons Chests and press Money for Mariners, as is usual.

5. They, being completely fitted to set to Sea, are to enter into full Pay from the Twentieth Day of this present February; only they are to abate after the Rate of Forty Shillings per Mensem, for each Man wanting of their Complements agreed on.

6. They are to have One Third of the whole Money in Hand, and One other Third of the Money at Four Months, and the rest at the Returns of the said Ships, or within Forty Days after each several Payment.

7. They are to have the King's Colours out of the Store, as is usual.

Memorandum, That whereas, by the former Articles, the Frigot is to be paid only after the Rate of Thirty Men to the hundred Ton; it is intended, that That only shall be the Rule for the Ship's Freight; and that the Overplus of Men the Owners shall be paid for their Wages and Victuals; and that the like Rule shall be observed for the Satisfying of Ten Overplus Men in the Mary.

And whereas Mr. Long and Mr. Hooke are nominated, in the Title of the Articles to be Contractors; it is understood that they do it only in the Behalf of the Owners, Victuallers, and Setters forth, of the said Ships.

16° Februarii.

Naval Affairs.

The Names of the several Ships, with their Commanders, together with their Burthens, Men, Ammunition, Ordnance, Cordage, and other Provisions, belonging to Ships.

The Fellowship, Thomas Cole Captain, Burthen Three hundred Tons, Ninety Men; Two Demi-culverin, Fourteen Sacres, Eight Minion, Forty Barrels of Powder, Thirty Musquets, Thirty Half-pikes, Twenty Swords, and Forty Shot round to each Piece; Six Cables, Five Anchors, and a Kedge Anchor, Two Suits of Sails, whereof One half-worn, the other new, One Ton and half of spare Cordage, besides the Rigging, and Five Halsers.

The Mary, Wm. Chappell Captain, Burthen a Hundred Tons, Ten Minions, Forty Men, Sixteen Barrels of Powder, Twenty Musquets, Twenty Half-pikes, Twenty Swords, and Forty Shot round to each Piece; Five Cables, Four Anchors, and a Kedge Anchor, Two Suits of Sails, the One new, the other half-worn, Five Halsers, Twelve Hundred-weight of new Cordage for Store.

The Little Mary * * * Burthen Sixty Tons, Thirty Men; Six Minion, Ten Barrels of Powder, Fifteen Musquets, Fifteen Half-pikes, Twenty Swords, Forty Shot round to each Piece; Five Cables, Four Anchors, and a Kedge Anchor, Two Suits of Sails, the One new, the other half-worn, Eight hundred Weight of new Cordage, of several Sizes, together with Sixteen long Oars.

Resolved, upon the Question, That this House thinks fit to affent to these Articles.

The Ordinance of Parliament for securing such Monies as shall become due for the Setting forth Ships.

The Lords and Commons in this present Parliament assembled, having resolved that a Fleet of Ships shall be set forth this Spring, for the Guarding of the Narrow Seas and Defence both of this Kingdom and Ireland, do declare, That whosoever, either Owners of Shipping, or Officers of his Majesty's Navy, that shall, by Agreement with the Committee appointed by the House of Commons for that Purpose, set forth any Ships belonging either to Merchants, or to his Majesty, for this Summer's Expedition, all such Person or Persons shall receive Satisfaction in Monies, according to such Agreement, out of the Customs; and in case they fall short, then out of such other Monies as shall be raised by Parliament: And do hereby further declare, the good Acceptance of the Service of all such Persons who shall chearfully contribute their utmost Endeavours to the speedy Dispatch of this Service.

Resolved, upon the Question, That this House doth assent to this Ordinance; and that it shall be sent up to the Lords, to desire their Lordships Concurrence therein.

Resolved, upon the Question, That the Committee for the Navy shall have Power to join with the Commissioners for the Treasury, for the Issuing out of such Monies, for the Setting forth this Summer's Fleet, as shall come in, upon the Bill of Tonage and Poundage: And the said Committee hath further Power for the Issuing out any other Monies for the same Uses; that shall come in by Delinquents, questioned before that Committee where Mr. Green has the Chair.

Propositions for reducing Ireland.

Ordered, That the Sub-committee made by the Committee for Irish Affairs, to consider of the Propositions for the Succours of Ireland and the Reducing of that Kingdom, shall have Power to report immediately to the House.

And thereupon Sir Walth. Erle reported the Propositions.

Propositions made by divers Gentlemen, Citizens, and others, for the speedy and effectual Reducing of the Kingdom of Ireland.

1. They do compute, that less than a Million of Money will not perfect that Work.

2. They do conceive, That the Work being finished, there will be in that Kingdom of confiscated Lands, such as go under the Name of Profitable Lands, Ten Millions of Acres, English Measure.

3. That Two Millions and a Half of those Acres, to be equally taken out of the Four Provinces, will sufficiently satisfy those that shall advance this Milil on of Money.

Propositions for reducing Ireland.

4. That the Two Millions and Half of Acres may be divided amongst them, after this Proportion; viz.

Consisting of Meadow, Arable and Profitable Pasture, the Bogs, Woods, and barren Mountains, being cast in, over and above.

These Two Millions and Half of Acres to be holden in free and common Socage of the King, as of his Castle of Dublyn.

Resolved, &c. That this House doth allow of and consent unto this Proposition.

5. That out of these Two Millions and Half of Acres, a constant Rent shall be reserved to the Crown of England, after this Proportion; viz.

Whereby his Majesty's Revenue out of those Lands will be much improved, besides the Advantage that he will have, by the Coming to his Hands, all other the Lands of the Rebels, and their personal Estates, without any Charge unto his Majesty.

Resolved, That this House doth allow of and consent unto this Proposition.

6. That, for the Erecting of Manors, Settling of Wastes and Commons, Maintaining of Ministers, Creating of Corporations, and Regulating of the several Plantations, One or more Commissions be hereafter granted by Authority of Parliament.

Resolved, That this House doth allow of and consent unto this Proposition.

7. That this Million of Money may be the more speedily advanced, all the Undertakers in the City of London, and within Twenty Miles Distance thereof, shall underwrite their several Sums, before the Twentieth Day of March 1641, and all within Sixty Miles of London, before the First of April; and the rest of the Kingdom, before the First of May.

Resolved, That this House doth allow of and consent unto this Proposition.

8. That the several Sums to be underwritten shall be paid in at Four Payments; viz. One Fourth Part within Ten Days after such Underwriting; and the other Three Parts, at Three Months, Three Months, and Three Months: All to be paid into the Chamber of London.

Resolved, That this House doth allow of and consent unto this Proposition.

9. That for the better Securing of the said several Sums accordingly, every one that doth so underwrite, shall, at the Time of his Subscription, pay down the Twentieth Part of the total Sum that shall be by him then underwritten: And, in case that the Residue of his first Fourth Part be not paid in to such Person or Persons as shall be appointed to receive the same, within the Ten Days before limited, then such Party shall not only forfeit the Twentieth Part of the Sum total formerly deposited, but so much more of his first Fourth Payment, to be added thereunto, as shall make up the One Moiety of the said First Payment: And if the same Person shall fail in any other of the Three Payments, he shall then forfeit his entire First Fourth Part, and all the Benefit of his Subscription: Which Forfeiture shall accrue to the common Benefit of the Undertakers.

Resolved, That this House doth allow of and consent unto this Proposition.

Resolved, upon the Question, That these Propositions shall be presented to the Lords, to desire their Consent hereunto.

Mr. Solicitor, Mr. Reignolds, Mr. Whitlocke, Sir Wal. Earle;

This Committee is to put these Propositions into a fit Form, to be presented unto the Lords.

Kirby's, &c. Petition.

Ordered, That the humble Petition of Margaret Kirby, Widow, and Henry Derham Esquire, be read To-morrow Morning.

Scotch Army in Ireland.

Resolved, upon the Question, That when this House shall agree to disband the Scotts Army employed in the Service of Ireland, that they will discharge them by Regiments, and no lesser Proportions; and pay off so many as they shall disband; and keep the Residue in Pay, until they are disbanded.

As to the Proposition of their General, they, as yet, know not who he shall be: He is to be declared by the King and Council of Scotland; and is not yet declared.

Resolved, That this House shall move the Lords to join with this House, in a Petition to his Majesty, to recommend General Lesley to the Council of Scotland, to be General of the Scotts Army employed in the Service of Ireland: And that the Commissioners of this House, appointed to treat with the Scotts Commissioners, shall acquaint them herewith.

Supply Bill.

Ordered, That the Bill of Fourhundred thousand Pounds shall be reported To-morrow Morning peremptorily.

Bailing Persons impeached.

Resolved, upon the Question, That no Person or Persons whatsoever whom this House shall accuse of High Treason, and shall be thereupon committed, ought to be bailed without the Consent of this House.

Mr. Whistler, a Member of this House, of his own Accord, did publickly confess, he had committed an Error, being a Member of this House, in being Bail for the Bishop of Oxford, who was accused by this House of High Treason; and that he was heartily sorry for it; and did desire the Pardon of the House: With which his voluntary Acknowledgment the House rested satisfied, and pardoned his Offence.

That a Message be sent to the Lords to acquaint them, That this House conceives, that no Person impeached by this House of High Treason, ought to be bailed without the Consent of this House; and therefore, to desire that the Twelve Bishops impeached by this House, who they understand are bailed, may be remanded.

Vindicating Ld. Kimbolton, &c.

1^a vice lecta est Billa, An Act for the Clearing and Vindicating of the Lord Kimbolton, Denzil Hollis Esquire, Sir Arthur Haselrig Baronet, John Pym, John Hampden, and Wm. Strode, Esquires, from a feigned and scandalous Accusation of High Treason.

2da vice lecta est Billa prædieta; and, upon Question, committed unto Mr. Glyn, Mr. Whistler, Serjeant Wilde, Mr. Fines, Sir Ro. Pye, Mr. Cage, * Solicitor, * Prideaux, * Martin, * Peard, Mr. Hill, Mr. George, Mr. Bridgeman, Mr. Brown, Mr. Selden, Mr. Pierrepoint, Sir Gilbert Gerard, Mr. Long: And are to meet To-morrow, at Eight of Clock, in the Court of Wards.

Information against Ven.

Ordered, That, on Monday next, Mr. Kirton, that brought in an Information against Mr. Ven, shall produce his Witnesses, to make good that Information; or that, otherwise, the House will take such Course as they shall think fit therein.

To the King's most Excellent Majesty:

Petition to the King concerning Ld. Kimbolson, &c.

The humble Petition of the Lords and Commons, now assembled in Parliament,

Sheweth,

That, whereas Your Majesty, in Answer to their late Petition touching the Proceeding against the Lord Kimbolton, Mr. Hollis, Sir Arthur Hasilrig, Mr. Pym, Mr. Hampden, and Mr. Strode, Members of Parliament, was pleased to signify, that as Your Majesty once conceived, that You had Ground enough to accuse them, so now Your Majesty finds as good Cause wholly to desert any further Prosecution of them: Notwithstanding which, they remain still under that heavy Charge, so imputed unto them: to the exceeding Prejudice, not only of themselves, but also of the whole Parliament: And whereas, by the express Laws and Statutes of this Your Realin, that is to say, by Two Acts of Parliament, the One made in the 37, and the other in the 38 Year of the Reign of Your most noble Progenitor King Edward the Third, if any Person whatsoever make Suggestion to the King himself, of any Crime committed by another, the same Person ought to be sent, with the Suggestion, before the Chancellor or Keeper of the Great Seal, Treasurer, and the Great Council, there to find Surety to pursue his Suggestion; which if he cannot prove, he is to be imprisoned till he hath satisfied the Party accused, of his Damages and Slander; and made Fine and Ransom to the King. The said Lords and Commons humbly beseech Your Majesty, that not only in Point of Justice to the said Members in their Particulars, but for the Vindication of the Rights and Privileges of Parliament, Your Majesty will be pleased to send the Person and Persons, that, in this Case, made the Suggestions or Informations to Your Majesty, against the said Members of Parliament, together with the said Suggestions or Informations to Your Parliament, that so such Fruits of the said good Laws may be had, as was intended by them; and the Rights and Privileges of Parliament may be vindicated; which of Right and Justice ought not to be delayed.

Resolved, upon the Question, That this House doth assent to this; and that Mr. Pierrepoint shall carry it up to the Lords.

Proceedings concerning Ld. Digby, &c.

Ordered, That the Committee for Mr. Oncile shall be revived, as to the Examination of the late great Breach of the Privileges of Parliament; and likewise, that they have Power to take the Examinations concerning the Lord Digby and Sir Lewis Dive: And have likewise Power to receive and consider of any thing that may conduce to the Safety of the Kingdom.

Sir Wm. Lewis and Mr. Martin are added to this Committee.

Privilege.

Ordered, That Mr. Glyn, on Friday Morning next, shall make Report of the Breach of Privilege of tertio Car', concerning Mr. Long.

Priests Letters, &c. seized.

A Message from the Lords, by Serjeant Whittfield, and Serjeant Glanvile;

The Lords desire a present Meeting, if it may stand with the Conveniency of this House, in the Painted Chamber, between the Committee of their House and the Committee of this House, that was appointed concerning the Papers, and Priests Letters, that were seized and stayed by Mr. Wattkins, the Searcher of London.

Answer returned by the same Messengers; That this House has considered their Lordships .....; and has resolved, that That Committee shall give a present Meeting, as is desired.

Innovations in Religion.

1^a vice lecta est Billa, An Act for Suppressing of divers Innovations in the Churches or Chapels of England, or Dominion of Wales.

Ordered, That this Bill shall be read To-morrow, so soon as the House sits.

Grievances.

That the Declaration concerning the Grievances and Remedies be reported To-morrow Morning, next.

Supply Bill.

That the Bill of Four hundred thousand Pounds be reported next.

Mr. Speaker is put to the House in mind of these Orders.

Naval Affairs.

Sir Ro. Harley acquaints this House, That the Lord Admiral informed him, That the Three Ships of the King, that were appointed for the Service of Ireland, are now ready at the Downes; and desired him to acquaint this House with so much.

PRAYERS.

Proceedings against the Bishops.

Mr. Hollis brings Answer, That the Lords will send for the Bishops, and remand them to Prison again, accordingly as is desired by this House.

A Message from the Lords, by Sir Edw. Le . . . . .;

The Lords have appointed Saturday for the Trial of the Twelve Bishops, if this House can then be ready; which they desire to know.

Answer returned by the same Messengers: That this House will be ready by Saturday next.

Propositions for reducing Ireland.

Mr. Whittlock reports the Vote of the Lords and Commons, upon the Propositions made by divers worthy and well-affected Persons, for the speedy and effectual Reducing of the Kingdom of Ireland: The which Propositions were voted; and assented unto: And

Ordered, That Sir Walth. Erle shall go to the Lords To-morrow Morning, and desire a Conference, by a Committee of both Houses, concerning these Propositions:

And Mr. Whittlock and Mr. Reynolds are appointed Managers of this Conference.

The Votes of the Lords and Commons, upon the Propositions made by divers worthy and well-affected Persons, for the speedy and effectual Reducing of the Kingdom of Ireland.

THE Lords and Commons taking into their serious Considerations, as well the Necessity of a speedy Reducing of the Rebels of Ireland to their due Obedience, as also the great Sums of Money that the Commons of this Realm have of late paid for the publick and necessary Affairs of the Kingdom, whereof the Lords and Commons are very sensible, and desirous to embrace all good and honourable Ways, tending to his Majesty's Greatness and Profit, the Settling of the Realm, and the Ease of his Majesty's Subjects of England: And whereas divers worthy and well-affected Persons, perceiving that many Millions of Acres of the Rebels Lands, of that Kingdom, which go under the Name of profitable Lands, will be confiscate, and to be disposed of; and that in case Two Millions and a half of those Acres, to be equally taken out of the Four Provinces of that Kingdom, may be allotted for the Satisfaction of such Persons as shall disburse any Sums of Money for the Reducing of the Rebels there, would effectually accomplish the same; have made these Proportions ensuing:

1. That Two Millions and a half of those Acres may be assigned, allotted, and divided, amongst them, after this Proportion, videlicet,

All according to the English Measure: And consisting of Meadow, Arable, and profitable Pasture, (the Bogs, Woods, and barren Mountains, being cast in, over and above these Two Millions and a half of Acres) to be holden in free and common Socage of the King, as of his Castle of Dublyn.

2. That, out of those Two Millions and an half of Acres, a constant Rent shall be reserved to the Crown of England, after this Proportion, videlicet,

Whereby his Majesty's Revenue out of those Lands will be much improved; besides the Advantages that he will have by the Coming to his Hands of all other the Lands of the Rebels, and their Personal Estates, without any Charge unto his Majesty.

3. That for the Erecting of Manors, Settling of Wastes and Commons, Maintaining of Preaching Ministers, Creating of Corporations, and Regulating of the several Plantations, One or more Commissions be hereafter granted by Authority of Parliament.

4. That Monies for this great Occasion may be the more speedily advanced, all the Undertakers in the City of London, and within Twenty Miles distant thereof, shall underwrite their several Sums, before the Twentieth Day of March 1641; and all within Sixty Miles of London, before the First Day of April 1642; and the rest of the Kingdom, before the First Day of May 1642.

5. That the several Sums to be underwritten shall be paid in at Four Payments, videlicet, One Fourth Part within Ten Days after such Underwriting; and the other Three Parts at Three Months, Three Months, and Three Months: All to be paid into the Chamber of London.

6. That for the better Securing of the said several Sums accordingly, every one that doth so underwrite shall, at the Time of his Subscription, pay down the Twentieth Part of the Total Sum that shall be by him then undertaken.

And, in case that the Residue of his First Fourth Part be not paid in to such Person or Persons as shall be appointed to receive the same, within the Ten Days before limited, then such Party shall not only forfeit the Twentieth Part of the Sum total formerly deposited, but so much more of his Fourth Payment to be added thereunto as shall make up the One Moiety of the said First Payment: And if the same Person fail in any other of the Three Payments, he shall then forfeit his entire First Fourth Part, and all the Benefit of his Subscription: Which Forfeiture shall accrue to the common Benefit of the rest of the Undertakers.

The Lords and Commons, upon due and mature Deliberation of these Propositions, have approved of them, and given their Consent unto the same; and will become humble Petitioners to his Majesty, for his Royal Approbation thereof, and that hereafter he will be pleased, upon the humble Suit of both Houses of Parliament, to give his Royal Assent to such Bills as they shall tender unto him for the Settling of those Propositions, and all other Things necessarily conducing thereunto.

Payment to Dymocke, &c.

Ordered, That the Mayor of Chester do pay, out of those Monies remaining in his Hands, to Lieutenant Dymocke, and those other Persons with him of Captain Bedle's Company, that were cast ashore in Wales through Distress of Weather as they were going to relieve Tredaghe, the Pay due unto them from the Time of their coming ashore to their Return: And Sir Wm. Brereton is desired to take care they be not paid in Ireland for That Time they receive Pay here.

Opening Letters.

Resolved, upon the Question, That the Committee appointed by this House to meet the Lords Committee, about the Opening of Letters come from beyond Sea, shall have Power to communicate such of those Letters to the Scotts Commissioners, as they in their Discretion shall think fit: And That Committee is ordered to report those Letters to the House To-morrow Morning.

Ld. Digby's Letters.

Ordered, That the Committee concerning the Letters written by the Lord Digby, do sit To-morrow, at Eight of Clock, in the Inner Court of Wards: And that Mr. Prideaux, Mr. Whitehead, Mr. Long, and Sir Wm. Lewis, be added to that Committee.