House of Commons Journal Volume 3
4 October 1644

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1802

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'House of Commons Journal Volume 3: 4 October 1644', Journal of the House of Commons: volume 3: 1643-1644 (1802), pp. 651-653. URL: http://www.british-history.ac.uk/report.aspx?compid=5827 Date accessed: 16 September 2014.


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Die Veneris, Octobris 4, 1644.

PRAYERS.

King's Plate in the Tower.

AN Ordinance for melting down, and converting into Coin, all the Plate, gilt and silver, in the Tower, belonging to the King; and for employing the Proceed thereof to the Use of the Counties of Berks, Bucks, and Oxon; and for compounding with Delinquents; was this Day read the First and Second time; and, upon the Question, committed unto the Consideration of the Committee at Goldsmiths Hall: And Sir Hen. Mildmay is added to that Committee, as to this Business.

Trial of Lord Macguire, &c.

Ordered, That Mr. Newdigate be assigned, in the Place of Mr. Bradshaw, to prepare and manage the Evidence at the Trial of the Lord Macguire and Hugh Mac Maon, Two Irish Rebels and Traitors.

Prerogative Court.

Mr. Maynard reports the Amendments and Additions to the Ordinance for the Constituting a Judge for the Granting of Prerogative Administrations, and Probats of Prerogative Wills: The which were twice read: And the Ordinance, with the Additions and Amendments, re-committed unto the same Committee upon the Point of Administrations granted at Oxon: Who are appointed to meet upon it this Afternoon; and to report it To-morrow Morning peremptorily: And Mr. Maynard is to take care hereof.

Message to Lords.

Mr. Green carried up to the Lords, the Ordinance concerning Ten thousand Pounds out of the Excise, for my Lord General's Army: Two Ordinances concerning the Train of Artillery; and some Pieces to be delivered out by the Officers of the publick Stores upon Tower Wharfe. He likewise carried up the Name of Mr. Sheffield to be Deputy Lieutenant of the County of Essex.

Publick Stores.

Ordered, That the Officers of the Ordnance do forthwith deliver out of the publick Stores which are upon the Tower Wharfe, Two Brass Demy Culverins, Four Brass Sacres, and Two Six Pound Bullet Drakes, for the Furnishing the Lord General's new Train of Artillery; any former Order to the contrary notwithstanding.

Mr. Green carried this Order up to the Lords for their Concurrence.

Archbishop of Canterbury's Counsel.

Mr. Niclas reports from the Committee appointed to consider of the Questions propounded by the Counsel of the Archbishop of Canterbury, touching the Matter of Law in the Charge against him, the Opinions of the said Committee; viz.

I. That the Archbishop's Counsel may have Leave to argue this Point; viz. Whether, in all or any of the Articles charged against the Archbishop, there be contained any Treason.

II. That the Archbishop's Counsel are not to be heard concerning any Exception that they shall take against the Articles, in point of Certainty. For an Exception to a Charge of High Treason, in point of Certainty, being but Matter of Form (especially after Evidence given), is not to be allowed in Parliament.

Resolved, &c. That the House doth agree and concur with the Committee in both these Votes; viz.

I. That the Archbishop's Counsel may have Leave to argue this Point; viz. Whether, in all or any of the Articles charged against the Archbishop, there be contained any Treason.

II. That the Archbishop's Counsel are not to be heard concerning any Exception, that they shall take against the Articles, in point of Certainty.

Message to Lords.

Mr. Niclas carried up to the Lords these Votes: And was to desire them to appoint a short Day for the Counsel to be heard as to That Point.

He was likewise to desire the Lords, that the Evidences and Letters concerning Macguire and Mac Maon may be delivered to the Counsel assigned to manage the Evidence at the Trial of the said Macguire and Mackmaon, to be made use of at their Trial.

He is likewise to desire the Lords, That the Judges may sit upon the Commission of Oyer and Terminer at the Trial of Macguire and Mac Mahon.

Payments by Treasurer of Wars.

Resolved, upon the Question, That Sir Gilbert Gerard, Treasurer at Wars, do forthwith pay, upon Account, to Colonel Barclay, One hundred Pounds out of the Establishment Money.

Resolved, &c. That Sir Gilbert Gerard, Treasurer at Wars, do forthwith pay, upon Account, to Serjeant Major General Skippon, Five hundred Pounds out of the Establishment Money.

Resolved, &c. That Sir Gilbert Gerard, Treasurer at Wars, do forthwith pay, upon Account, to Commissary General Behir, Two hundred Pounds out of the Establishment Money.

City Brigade, &c.

The House being informed, That divers Citizens from the Lord Mayor, Court of Aldermen, and Common Council, were at the Door;

They were called in; and did present Two Ordinances; the one concerning the Drawing out the City Brigade now to advance; the other concerning the Raising of Monies for this Brigade: And a Petition concerning the Matter of free Trade with the Ports not in the Power of the Parliament; and did desire they might prefer the like to the Lords. They desire to put the House in mind of Two Ordinances formerly presented by them; one concerning the Enlarging of the Power of the Militia; the other concerning the Raising of Monies for maintaining of their Works, &c.-

Military Affairs.

A Letter from the Earl of * * *, Octobris 3 1644, relating, that the King lay, on Wednesday last, Six Miles on this Side Dorchester, was this Day read; and immediately carried up by Mr. Solicitor to the Lords, to be reported there.

Lords to sit.

Sir Hen. Mildmay went up to the Lords, to desire them to sit awhile.

City Brigade.

An Ordinance to enable the Committee of the Militia to draw out a Brigade of Five Regiments of Foot, &c. was this Day read the First and Second time; and, upon the Question, passed; and sent up to the Lords, for their Concurrence, by Mr. Nicoll, immediately.

Resolved, That the City Brigade appointed to advance by this Ordinance, shall join with the Forces of the Earl of Manchester and Sir Wm. Waller, or either of them, as both Houses, or the Committee of both Kingdoms, shall direct, according to former Order.-

Trade to Hostile Ports, City Brigade, &c.

The humble Petition of the Lord Mayor, Aldermen, and Commons, in Common Council assembled, concerning the Matter of free Trade to the Ports in Hostility against the King and Parliament, was this Day read; and ordered to be referred to the Consideration of the Committee appointed to treat with the States Ambassadors.

The Citizens were again called in: And Mr. Speaker acquainted them, That the House had taken the several Matters presented unto the House by them, into Consideration: And as to the Ordinance concerning the future Pay of their Brigade, they will take it into speedy Consideration. They have passed the Ordinance for the present Drawing out of the Brigade now to advance. That the House has received certain Intelligence of the King's Advance Eastward; and that his Forces do advance with all Speed: And thereupon Mr. Speaker was commanded to desire them, that their Forces might forthwith march forth this Day, if possible; at least, so many as are now ready might presently march forth.-The House has referred their Petition concerning the Matter of free..... to the Ports in Hostility against the King and Parliament, to the Committee of Lords and Commons appointed to hear the States Ambassadors: Who have appointed to sit this Afternoon upon this Business.

Mr. Speaker further acquainted them, they might prefer the like Petition to the Lords.

Message from Lords.

A Message from the Lords, by Sir Edw. Leech and Doctor Aylett;

The Lords have returned an Ordinance for the Disposal of Sir James Palmer's Jewels: To which they do agree with One Proviso: Which they have sent down annexed.

They have likewise received a Petition from Mr. Squire: Which they desire may be referred to the Committee of Lords and Commons for Sequestrations.

There is a Petition remaining in this House, concerning some poor Men of Jersey: Which they desire may be taken into speedy Consideration.

The Proviso was read; and assented unto.

Answer.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Proviso: And have appointed to take the Petition concerning Jersey into a speedy Consideration: And, as to Mr. Squire's Petition, they will send Answer by Messengers of their own.

Answer from Lords.

Mr. Nicoll brings Answer, That the Lords do agree to the Ordinance carried up by him.

Ordination of Ministers.

Mr. Tate presented from the Assembly, That they desire, that, in the Ordinance for Ordination of Ministers pro tempore, in the Sixth Direction, these Words may be added, "in desiring;" and that, in the Seventh Direction, the Words may run thus, "to the Office and "Work of the Ministry."

These several Clauses were put to the Question; and assented unto; and carried up to the Lords, for their Concurrence, by Mr. Tate.

Answers from Lords.

Mr. Niclas brings Answer, That, upon Notice, the Judges shall attend upon the Commission of Oyer and Terminer at the Trial of Macquire and Mac Mahon: That they do agree with the House in their Opinion touching the Questions proposed by the Counsel of the Archbishop of Canterbury: That they have appointed this Day Seven-night for the Counsel of the Archbishop of Canterbury to be heard.

Mr. Tate brings Answer, That the Lords do agree to the Alteration of those Two Clauses in the Ordinance for Ordination of Ministers, desired by the Assembly of Divines.

Cromwell's Regiment, &c.

Resolved, &c. That Three hundred Pair of Pistols, with Holsters, One hundred Heads, One hundred Backs, and One hundred Breasts, be forthwith provided; and sent to Lieutenant Colonel Cromwell, to arm his Regiment.

Ordered, That it be referred to the Committee for providing of Arms and Cloaths for my Lord General's Army, to provide these Arms for Colonel Cromwell; and to procure Monies for the same, upon the Credit of the Excise: Or the Committee is to give such other Credit for Payment for the same, as they shall think fit: And the Seven associated Counties is to make Payment of the Monies to be disbursed for the said Arms: And Colonel Walton is to take care to send them down.

Ordered, That One hundred Barrels of Powder be forthwith provided, with a Proportion of Match and Bullet, for the Service of the West, to be disposed of as the Committee of both Kingdoms shall direct.

Business deferred.

Ordered, That the Business of the associated Counties, and the Report concerning Rutland and Northampton, be taken into Consideration To-morrow: And Mr. Speaker is to put the House in mind hereof.

Guernsey.

Ordered, That Mr. Lisle do make Report To-morrow, of the Business concerning Guernsey.

Earl of Denbighe's Jewels, &c.

(fn. a) Provided always, That all such Jewels, Gold Medals, Gold Chains, and other Goods, which were the late Earl of Denbighe's, and mortgaged or pawned by his Lordship to the said Sir James Palmer, or any other, in Trust for him, shall be delivered to Basill now Earl of Denbigh; he paying the Money for which the same was so mortgaged or pawned: And the same Money is to be employed to the Uses aforesaid.

Ship Jaques.

Upon Mr. Green's Report from the Committee of the Navy, to which the Business concerning the Lading of the Ship Jaques, of Duynkerk, stranded near Arundell, was referred;

It is Ordered, by the Commons assembled in Parliament, That upon Certificate made by the Commissioners or Collectors for Prize Goods, that Four thousand Pounds is paid unto them, for the Use of Sir Wm. Waller, and his Soldiers, and all others claiming Interest in the Salvage of the said Ship Jaques of Duynkerk, and her Lading, belonging to the Subjects of the King of Spaine; That Colonel Marley, Commander of Arundell Castle, or any Commander in Chief there in his Absence, or such other Person or Persons in whose Custody the said Goods are, do cause all such of the said Goods by him the said Colonel Morley, and other Commanders, lately certified to be remaining under his Custody, or within his Command, to be delivered unto the Lord Ambassador of Spaine, or unto such other Persons, in the Behalf of the Proprietors, as by his Lordship shall be authorized to receive the same, without any further or other Charge than the Four thousand Pounds Salvage Money formerly appointed to be paid, excepting the Goods mentioned in a Schedule annexed: Which are referred to be legally proceeded against in the Court of Admiralty.

Ordered, That the Committee of the Navy do take care that, before the Goods be shipped from Arundell, Caution be taken for the due Payment of the Half Custom, according to the Usage of Dover, as other Merchant Strangers there do pay; and, if vended within the Kingdom, then to pay the full Customs, as in like Cases: And if any Difference shall happen in the Delivery or Disposal of those Goods, the said Committee is to take care that Right be done unto all Parties interested, that Strangers may have no just Cause of Complaint.

Ordered, That, out of the Four thousand Pounds Salvage Money, Satisfaction be made unto the Lord Ambassador of Spaine, or unto such other Person in the Behalf of the Proprietors of the Lading of the Ship Jaques, of Duynkerk, for so much of the said Lading as hath been disposed of by Sir Wm. Waller and Colonel Morley, for themselves or Soldiers, according to the true Value.

Upon the Complaint and Affirmation of Mr. Maurice Thompson and Partners, That the Goods in the Lading of the Ship Jaques, of Duynkerk, stranded near Arundell, under the Marks hereafter mentioned, do belong unto Persons who have formerly done them Wrong, and against whom they have just Cause of Action; It is Ordered, That the said Maurice Thomson and Partners be permitted to take their legal Course in the Admiralty Court against the said Goods and Persons, paying their proportionable Part of the Four thousand Pounds appointed for Salvage of the said Ship Jaques, and her Lading: And the Judge of the Admiralty is to take Notice hereof.

Ship Jacob.

A Note of Goods claimed in the Ship Jacob, by those who are not the true Proprietors of them, but belong to Persons who have done Wrong unto Mr. Maurice Thomson.

(fn. b) One Bale, claimed by Symon Neaff, belongeth to James Brewer, and his Sons.

Two Bales, claimed by the Widow of Nicholas Van Pinder, Denden, and Geraet, belong to the said James Brewer, and his Sons.

One Fat, and Three Fardles of Goods, claimed by Adam Dyas Solys, belong to the said James Brewer, and his Sons.

Four Bales, claimed by Henry Michell Mieus, belong to the said James Brewer, and his Sons.

Two Bales, claimed by Walrace Aullent, belong to the said James Brewer, and his Sons.

One Bale, claimed by Baltkazar Haeffen, belongeth to Giles Van Breusegen.

One Barrel, claimed by George Nollett, belongeth to Giles Van Breusegen.

One Fat, claimed by Francis Shilders, belongeth to the said Giles Van Breusegen.

One Pack, claimed by Peter Van Maudre, belongeth to the said Giles Van Breusegen.

Two Ballets, claimed by Peter Van Lyle, belong to Mathew Rycquewart.

One Truss, belonging to Paule de St. Hilary, claimed by Justo Vande Balde.

Two Packs, belonging to Wm. Coppins, and by him claimed.

Trained Bands, &c.

It is this Day Ordained, by the Lords and Commons, in Parliament assembled, That the Committee of the Militia of the City of London, and Parts adjacent, within the Lines of Communication, and Parishes mentioned in the weekly Bills of Mortality, shall have Power, and is hereby authorized, to command the Red and Blue Regiments of Trained Bands of the said City, and the Red Regiment of Trained Bands of Westminster, the Yellow Regiment of Trained Bands of the Borough of Southwark, and the Yellow Regiment of Auxiliaries of the Hamlets of the Tower, consisting of Five thousand Men, or thereabouts, and such other Forces as they shall think fit, either of Horse or Foot, raised, or to be raised, under the Command of the said Committee of the Militia, within the Limits aforesaid, according to the Discipline and Order of War, under the Conduct and Command of such Major General, Colonels, Lieutenant Colonels, Captains, and other Officers, as the said Committee shall appoint; together with all such necessary Provisions of Arms, Ammunition, Ordnance, and other Carriages; and to join with such other Forces of Horse and Foot as are under the Command of the Earl of Manchester, and Sir Wm. Waller, or either of them, according as they shall be directed by both Houses, or of the Committee of both Kingdoms; to resist and subdue the Forces raised without Authority of Parliament; and to recover and preserve such Places as are now possessed by the Enemy. And, for Prevention of such Inconveniences, as by Experience hath been discovered to fall out in former Expeditions, by giving great Sums of Money beforehand to hired Soldiers, and by their refusing to serve unless they may have their own Demands; It is further Ordained, That no Advance shall be henceforth given beforehand to any Soldiers hired, or to be hired, besides their weekly Pay: And that the Committee of the Militia, and their Sub Committees respectively, shall have Power to imprest within their several Limits, all such Persons as shall be by them thought fit to be hired to serve in this Expedition; excepting such Persons as are excepted in the Ordinance of Parliament made the Twelfth of July last 1644. And it is further Ordained, That the said Committee shall have Power, and is hereby authorized, to call such Forces as they shall command to march forth by virtue of this Ordinance, when they shall think fit; And that all the said Colonels, Lieutenant Colonels, Captains, Soldiers, and other Persons, under the Command of the said Committee of the Militia, whether Masters or Servants, shall obey the...... of the said Committee of the Militia, from time to time, upon Pain of Imprisonment, or Expulsion out of the Limits aforesaid, and such other Punishments as the said Committee shall think fit to impose upon them by reasonable Fines, or according to the Course of War; and to levy the said Fines by Distress and Sale of their Goods; and to employ the same for the Service of the City, as the said Committee shall appoint. And all Sub Committees, made or to be made, Constables, Headboroughs, Provost Marshals, and other Officers, are hereby required to be aiding and assisting, from time to time, for the better furthering and effecting all such Services as are contained or intended by this Ordinance, according as they shall be directed by the said Committee, within the Limits aforesaid, as they will answer the contrary under the Penalties herein mentioned. And it is further Ordained, That all such Forces as shall be sent forth by the said Committees of the Militia, by virtue of this Ordinance, shall be paid during their Continuance Abroad, by the Parliament according to the new Establishment of the Army under his Excellency the Earl of Essex. And it is further Ordained, That the Sub Committees appointed or to be appointed by the said Committee of the Militia, shall have Power, and are hereby authorized, to cause all or any the Clauses contained in this Ordinance to be put in due Execution, when and as often as they shall receive Directions from the said Committee. And as well the said Committee, as also their Sub Committees, and all other Persons acting in the Premises, according to the true Intent of this Ordinance, shall be saved harmless by the Authority of both Houses of Parliament.

Footnotes

a There is a Direction in the Margin, That this Proviso, sent from the Lords, and assented to, is to be added to the Order of the 19th of September last, concerning the Jewels of Sir James Palmer.
b Particular and different Package Marks are made in the Margin of the Journal, against every one of the Articles.