House of Commons Journal Volume 2
20 January 1643

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1802

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'House of Commons Journal Volume 2: 20 January 1643', Journal of the House of Commons: volume 2: 1640-1643 (1802), pp. 934-936. URL: http://www.british-history.ac.uk/report.aspx?compid=7356 Date accessed: 23 October 2014.


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Die Veneris, 20 Januarii, 1642.

PRAYERS.

Jewels, &c. from Women of Linne.

THE House being informed, That some well-affected Women of the Town of Linne had sent up some Jewels and Rings for the publick Service;

The House doth accept thereof; and return them Thanks.

Defence of King's Liune.

The humble Petition of the Mayor, Aldermen, &c. of the Brough of King's Linne in the County of Norfolk, desiring to be furnished with Twelve Pieces of Ordnance, Three hundred Musquets, Twenty Barrels of Powder, and proportionable Shot and Match, to be employed for the Defence and better Service of the said Town, was this Day read: And.

It is Ordered, That the said Petition be referred to the Consideration of the Committee for the Safety of the Kingdom; and in especial Manner recommended unto them for the Furnishing of the said Town with Six Pieces of Ordnance at least, and Two hundred Musquets furnished, and Twenty Barrel of Powder, with Shot and Match proportionable, if it can with any Conveniency be had.

Ordered, That the Deputy Lieutenants of the County of Norfolk be required to give their best Assistance with a Troop of Horse, and some other Forces, as Occasion shall require, to the Town of Linne, at their Mart.

It is farther Ordered, That the Monies allowed to the said Town out of their Propositions, for the Fortifying of the said Town, be disposed of to that End, according as shall be directed by Tho. Gerling Mayor, Tho. Toll, Captain Tho. Slany, Nath. Maney, and Edw. Robinson, Aldermen, and Captain Rivett.

Ailesbury Forces, &c.

Whereas the Deputy Lieutenants of the County of Buck', now at Ailesbury in that County, have received several Sums of Money, subscribed in that County upon the Propositions, and employed the same for Payment of the Soldiers now at Ailesbury: This House doth well approve of their Doings herein; and doth order and authorize the said Deputy Lieutenants, or any Two of them, to cause to be collected such other Sums of Monies as they can procure upon the said Propositions; and to employ the same for the further Payment of the said Forces. And it is further Ordered, That the said Deputy Lieutenants do give an Account, and certify unto the Treasurer at Wars, or his Deputy, what Monies they do receive and employ upon these Occasions.

Feilde's Company.

Whereas Captain Feilde, with a Company of Foot under his Command, out of their good Affections to the Publick, are come from Tringe in the County of Hertforde, Aylesbury in the County of Buck'; and joined with the Forces there, for the Defence of those Countries, and the Parts adjacent: And the said Captain Feilde, for the Pay of his Soldiers, hath made use of Part of the Monies subscribed by that Town upon the Propositions; of which Money there remains yet uncollected in that Town the Sum of Sixty Pounds, or thereabouts: This House doth well approve of the Doings of the said Captain herein; and doth order and authorize him to collect and receive the Remainder of the Proposition Monies in that Town of Tringe; and to employ the same for the further Pay of the Soldiers under his Command. And it is further Ordered, That the said Monies already received by the said Captain Feilde, and the Residue to be received, upon the Propositions, in the said Town of Trine, be repaid unto the County of Hertford, upon Demand thereof.

Propositions to the King.

The House, according to the Order of Yesterday, resumed the Consideration of the Alterations to the Propositions, reported from the Conference: And appointed a Committee, according to the Desire of the Lords, concerning the Eighth Proposition:

Mr. Holles, Mr. Pierrepointe, Mr. Pym, Sir Philip Stapilton, Mr. Browne, Sir Jo. Evelyn, Mr. Nicoll, Sir Robert Harley, Sir Wm. Strickland, Sir Wm. Waller, Mr. Grimston, Mr. Whittlock;

This Committee is to meet with a Committee of a proportionable Number of the Lords; to hear what the Lords shall deliver concerning the Eighth Proposition, and to report it to the House.

As to the Ninth Proposition; in which the Lords desire that the Three last Lines may be left out; and that these Words may be added instead, "and that the Lord Keeper may be commanded to omit such as are unfit for Government;" the House doth resolve to adhere to their former Proposition.

As to the Twelfth Proposition; the which Lords desire to be totally left out; the House resolves to adhere to their former Proposition.

In the Thirteenth Proposition, the Lords desire, That these Words may be thus transposed; viz. after the Words "which have been", and before the Word "before," to be thus, "or shall be questioned or proceeded against in Parliament, upon Complaint in the House of Commons before the Tenth of January, 1643."

Message to Lords.

Sir Wm. Waller went up to the Lords, to desire their Lordships would sit this Afternoon; and to acquaint them, that this House has nominated a Committee to meet upon the Eighth Proposition, as is desired.

He likewise carried up to the Lords the Ordinance concerning the Ten thousand Pounds of the new Collectors of the Customs Advance Monies, to be paid by Sir H. Vane to Sir Gilbert Gerard.

Wingate's Case.

Mr. Holles is appointed to prepare a Letter to my Lord General, to recommend unto his Excellency the Case of Captain Wingate, a Prisoner in Oxon, who has a great Arrear of Pay due unto him.

Answer from Lords.

Sir Wm. Waller brings Answer, That the Lords have appointed this Afternoon, at Two of Clock, for the Committees concerning the Eighth Proposition, to meet in the Painted Chamber; and will sit this Afternoon, at Three of Clock: And have assented unto the Ordinance concerning the Ten thousand Pounds to be paid by the Treasurer of the Navy to the Treasurer at Wars.

Bishops.

Mr. Speaker left the Chair.

Mr. Prideaux called to the Chair.

And the Grand Committee of the whole House fell into the Consideration of the Bishops Bill.

Mr. Speaker resumed the Chair.

Disposing of Prisoners.

Ordered, That it be referred to the Committee for Prisons, where Sir Rob. Harley has the Chair, to consider of disposing the Prisoners sent up by Colonel Goodwyn to Lambeth House, Winchester House, Lord Peter's House, and London House, in such Manner as they shall think fit.

Persons refusing to pay Assessment.

Mr. Whittacre reports, from the Committee of Examinations, to whom is referred by Ordinance of both Houses, to appoint to what Prisons such as shall refuse to pay their Assessments upon the Twentieth Part, the Opinion of the Committee, in the Commitment of the Persons following; viz.

Serjeant Green referred to the Committee at Halberdasher's Hall, to give his Answer and attend the Committee for Examinations on Monday next.

£
1,500 Sir Geo. Whittmore, Yarmouth.
50 Laurence Spight,Customer,
300 Tho. Knyvett, Goldsmith, County Gaol of Norfolk at Norwich.
200 Mr. Paul Pindar, Customer,
300 Michael Gardiner, Vintner, City Gaol of Norwich.
200 Mr.William Tombes, Customer.
400 Mr. William Langhorne, Tin Farmer, Lynne.
100 Mr. Rich. Lane, Customer.

He farther reported, That the Opinion of the Committee was, That it should be referred to the Committee at Harberdashers Hall to take Care of the Manner, and to give Order for the present Sending them away to the Prisons aforesaid.

Resolved, &c. That these several Persons shall be committed to the several Prisons, according to the Report: And it is referred to the Committee of Lords and Commons that sits at Haberdashers Hall, to take Care of the Manner for the present Sending of them to the several Prisons aforesaid: And, in the mean time, they are to remain in the Serjeant's Custody, till the Committee shall dispose of them.dispose of them.

Receivers, &c. not to go to Oxford.

Ordered, That the several and respective Receivers and Auditiors of the several Courts and Receipts be required and injoined not to go to Oxon, notwithstanding his Majesty's late Proclamation, but to attend their several Charges here.

Propositions to the King.

Mr. Holles reports from the Committee of both Houses, the Desire of the Lords, That the Eighth Proposition might be wholly omitted; and that, instead thereof, this following might be admitted; viz. "That we should except against such of the Judges as are now in, whom we desire to have removed: And, in the general, to desire such Persons may be put into the vacant Places as the Two Houses shall confide in; and not to name any at this Time."

The House upon Consideration hereof,

Resolved, &c. To adhere to their former Proposition.

Seizing Crispe's Goods.

Resolved, &c. That Colonel Manwaring do forthwith seize upon all the Goods in the House of Sir Nicolas Crispe, or elsewhere.

Crispe to be brought up.

Ordered, That the Serjeant do bring in the Body of Sir Nicolas Crispe at his own Peril, by Monday Morning at farthest.

Surrey, &c. Association.

Ordered, That the Business concerning the Association of Surrey, Kent, Hantshire, and Sussex, be considered of the first Business To-morrow Morning.

Receivers, &c. not to go to Oxford.

Resolved, That none of the Receivers or Auditors of the Duchy of Lancaster, or their Deputies, shall go to Oxford, till this House take further Order.

Ordinance against removing the Courts.

THE Lords and Commons having taken into their serious Consideration a Proclamation, dated at Oxon the 27th Day of December last, for the Adjourning of the Court of Chancery, the Court of Wards and Liveries, the Duchy of Lancaster, the Court of Requests, the Receipt of his Majesty's Exchequer, and of the First Fruits and Tenths, from the City of Westminster unto the City of Oxon; and for Adjourning the Courts of King's Bench, Common Pieas, and Exchequer, under the Return Crastino Purificationis; found it to tend much to the Prejudice of the Commonwealth, to remove the said Courts and Receipts to Oxon; where the Body of an Army raised against the Parliament and the Authority thereof, now resides: And therefore in Performance of their Duty and Trust, reposed in them by the Kingdom, whom they represent, did exhibit their humble Advice and Petition to his Majesty, with their Reasons inducing them there unto, to revoke the said Proclamation; and, with all Humility, desired that the said Courts and Receipts might be kept at their several usual Places and Times, and not at Oxon: But his Majesty, giving still more Credit to the Suggestions of those malignant and wicked Persons that yet incompass him, than to his highest and most faithful Council, returned his negative Answer; and expressly denied to repeal his Proclamation: Now the Lords and Commons, clearly discovering the great Inconveniencies and Mischiefs that necessarily must happen to his Majesty's most faithful and best affected Subjects, in case those Courts and Receipts be removed to Oxon, where such of them as have Occasion to attend, cannot, with any Safety to their Persons, or Estates, repair, (his Majesty having, in Effect, declared all Persons that have contributed any Thing in Aid or Defence of the Parliament, and the Privilege thereof, to be guilty of High Treason; and in Pursuance thereof, by the Force and Power of the Army there remaining, have seized upon many of their Persons; where they are detained Prisoners, and some proceeded against as Traitors, having nothing laid to their Charge but their assisting the Parliament, and opposing that Army raised to destroy it, and the Kingdom); and, finding that divers, both Judges and others, whole Attendance upon the said Courts and Receipts will be necessary, consist of Persons that are Members and Assistants to both Houses of Parliament, whose Presence, at this Time, cannot be spared; and that if the Records necessary to be used in the said Courts, should be removed from their usual Places towards Oxon, in a Time when Two Armies are residing near thereabouts, it would endanger the Miscarriage of them; which might ruin many of his Majesty's Subjects, whose Estates depend thereupon; and that so long a Distance between the said Courts of Law and Equity, which have a necessary Dependance one upon another, would prove exceeding prejudicial to many; thought it their Duty, in Discharge of the Trust reposed in them by the Commonwealth, as much as in them lieth, to prevent the said Inconveniencies: And therefore do hereby Declare and Ordered, That no Judge, Minister, or other Person, belonging to any of the said Courts or Receipts, shall repair to the said City of Oxon, or do or execute any thing belonging to their said Offices and Employments, but in the Places usual for the Doing and Executing thereof: And that no Member of or Assistant to any of the Two Houses of Parliament, that have any Places, Office, or Employment, in or about any of the said Courts or Receipts, shall presume to depart from their Attendance upon the Parliament, without the special Leave of that House whereof they are Members or Assistants: And that no Person shall remove or cause to be removed, any Records or Writings any of the said Courts or Receipts, to or towards the City of Oxon. And the Lords and Commons do Declare, That if any Person shall disobey this Order, they will proceed against them as wilful Contemners of the Authority of Parliament, and Disturbers of the Peace of the Kingdom. And it is further Declared and Ordered, by the said Lords and Commons, That no Judgment, Decree, Order, and Proceedings, whatsoever, that shall be given, made, or had, by or in any of the said Courts or Receipts out of the usual Places where the said Courts and Receipts have been accustomed to be held or kept, shall bind any Person that shall or may be concerned therein, without his own voluntary Consent. And that the said Lords and Commons will, by the Authority of both Houses of Parliament, protect and keep indemnified all Judges, Officers, and other Persons, from any Damage or Inconvenience that may or can happen to them, for yielding Obedience to this Ordinance.