House of Commons Journal Volume 3: 10 February 1644

Die Sabbati, Februarii 10, 1643.

PRAYERS.

Master of the Rolls.

MR. Speaker presented to the House a Draught of a Commission to pass the Great Seal, touching his being Master of the Rolls; and this ensuing Order, annexed, to be a Warrant to the Commissioners of the Great Seal, to pass the Commission, accordingly.

ORDERED, by the and Commons, in Parliament assembled, That this Commission be forthwith prepared for, and pass under, the Great Seal of England: And these Presents shall be unto the Commissioners for the said Great Seal, and to every of them, and to every other Person whom it may concern, a sufficient Warrant in that Behalf.

The Lords Concurrence to be desired herein.

Countess of Clare's Goods.

Resolved, That the Goods in the Possession of the Countess of Clare, shall be inventoried, appraised, and the true Value returned to this House forthwith, and continue still in her Possession, without any Sale made, till the House take further Order, notwithstanding any other Order to the contrary.

Reprizal Goods.

Ordered, That the Committee of the Navy do present Names of Commissioners to be appointed in the Ordinance for Sale of Goods by Reprizal, to be approved by both Houses: And that they bring in a Clause to require and warrant the Commissioners of the Great Seal to pass the Commissions under the Great Seal accordingly.

Committee of both Kingdoms.

A Message from the Lords, by Sir Rob. Riche and Mr. Page;

The Lords have sent down the Ordinance for appointing a Committee of both Houses to meet with the Scotts Commissioners, for the better managing of the Affairs of both Kingdoms, &c.: Which they agree unto, with some Alterations and Amendments; which they have herewithal sent down.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and will send Answer by Messengers of their own.

Message to Lords.

Sir Rob. Harley is appointed to carry up to the Lords, the Commission for Mr. Speaker to be Master of the Rolls; and the Order to be a Warrant to the Commissioners of the Great Seal to pass that Commission:- Was to put the Lords in mind of the Ordinances concerning Middlesex; Accounts; Mr. Rous to be Provost of Eaton; Saint James's; for Three Pounds per Week to Captain Hotham.

Money for Army.

Ordered, That the Two hundred and Fifty Pounds, appointed to be paid by the Lord Viscount Say and Seale, for the sequestered Goods of the Lord Cottington, be forthwith paid to Mr. White, Agent to the Lord Fairefaxe, for the Use and Benefit of the Forces under his Command.

Allowance to Sir J. Hotham.

Resolved, &c. That Sir Jo. Hotham, shall have Five Pounds per Week allowed him, till he come to his Trial, out of his own Estate.

The Lords Concurrence to be desired herein.

Sir Alexander Carew.

Ordered, That the Lieutenant of the Tower do apply such necessary Means to Sir Alexander Carew, a Prisoner in the Tower, for his Recovery, by Physicians, or otherwise, as shall be requisite and required: And that he shall have Five Pounds per Week, allowed him, for his ordinary Maintenance; to be deducted out of his Estate: And that, if any thing further shall be needful, upon the Representation thereof by the Lieutenant of the Tower, they will give further Order in it.

Committee of both Kingdoms.

The Alterations to the Ordinance for appointing Committees to meet with the Commissioners from Scotland, &c. were read:

"And further Power and Authority is hereby given to them, or any of them; whereof Three Lords and Six Commoners is a joint Committee, with the Committee and Commissioners of Scotland, to advise, and consult, concerning the carrying on and managing of the War, for the best Advantage of the Three Kingdoms."

In the last Line, in the same Page, add "according to the Instructions which they shall receive, from time to time, from both Houses of Parliament."

Lords to be added: "Earl of Pembroke, Lord of Lincoln, Earl of Salisbury, Earl of Denbigh, Lord Willoughby of Parham, Lord Howard D'Escrigge:"

The Quorum to be Three Lords and Six Commoners; to be made in several Places of the Ordinance:

And it is Resolved, &c. That this House doth adhere to the whole Clause, (to which the Lords desire an Amendment, Addition, and Alteration) as it went from this House.

Resolved, That this House doth adhere to their former Vote concerning the Number, Persons, and Quorum, nominated in the Ordinance for appointing a Committee to meet with the Committees and Commissioners of Scotland.

Mr. Prideaux, Mr. Holles, Sir H. Vane sen. & jun. Mr. Solicitor, Sir Arth. Haselrig, Mr. Sam. Browne, Mr. Crewe, Mr. Lisle;

This Committee is appointed to prepare Reasons to be offered the Lords, at a Conference, why this House does adhere to the Ordinance concerning the appointing a Committee to meet with the Commissioners of Scotland, &c. and cannot agree to the Lords Amendments.

Sir Rob. Pye is appointed to go to the Lords, to desire a Conference by Committees of both Houses, so soon as shall stand with their Lordships Conveniency, concerning the Matter of the last Message touching* * * *

Message from Lords.

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

The Lords have sent down an Ordinance for the Allowance of Three Pounds per Week to Captain Hotham; in which they desire the Concurrence of this House. They do intend to sit this Afternoon, at Four of Clock; and do desire this House would do the like, if it may stand with their Conveniency: And do further desire, that, at the same time, they may have a Conference by Committees of both Houses, in the Painted Chamber, if it may stand with the Conveniency of this House, concerning the Navy.

Allowance to Captain Hotham.

Ordered, by the Lords and Commons, in Parliament assembled, That Captain Hotham shall have Three Pounds per Week out of Sir John Hotham's Estate, or out of his own Estate, until he shall be brought to his Trial.

House to meet.

Ordered, That the House do meet this Afternoon, at Four of Clock.

Answer to Lords.

Answer sent by the same Messengers; That this House doth agree to the Ordinance for the Allowance of Three Pounds per Week to Captain Hotham; and to sit this Afternoon, at Four of Clock; and to a Conference at that time, by Committees of both Houses, in the Painted Chamber, as is desired.

Court of Wards.

Ordered, That, on Wednesday next peremptorily, Mr. Serjeant Wilde do report the Ordinance concerning the Court of Wards.

East India Company.

An Ordinance for upholding the Trade, and setting the Government, of the Company and Fellowship of Merchants trading to the East Indies, was this Day read the Second time; and, upon Question, committed unto Sir H. Vane sen. Mr. Cage, Sir Rob. Harley, Mr. Green, Mr. Rolle, Mr. Sam. Vassall, Lieutenant of the Tower, Mr. Spurstoe, Sir Walt. Erle, Mr. Sam. Brown, Mr. Strode, and the Burgesses of the Port Towns:

And they are added to the Committee of the Navy, as to this Purpose: And are to meet on Tuesday next, at Two post Meridiem, in the Treasury Chamber: And all that will come are to have Voices: And have Power to send for Parties, Witnesses, Papers, Records.

Levant Company.

An Ordinance for upholding the Trade, and settling the Government, of the Company and Fellowship of the Merchants of England trading to the Levant Seas, was this Day read the Second time; and, upon Question, committed unto the Committee for the Ordinance for the East India Company: And all that will come to have Voices: And have Power to send for Parties, Witnesses, Papers, Records.

Die Sabbati, 10 Februarii, 1643; Post Meridiem.

Duke of Buckingham's Goods.

ORDERED, That the Goods belonging to the Duke of Buckingham, not assigned to the Earl of Northumberland, shall be forthwith sequestered, seized, and sold; and the Provenue employed for the Benefit of the Forces under the Lord Fairefaxe; and paid, upon Account, to Mr. White, Agent to the Lord Fairefaxe: And Mr. White is required to take care herein (fn. a).

Committee of both Kingdoms.

Sir Walt. Erle is appointed to go to the Lords, to desire, that, at this Conference, there might be a Conference, of the Part of this House, concerning the Ordinance returned from their Lordships, touching a Committee to meet and join with the Commissioners from Scotland, for the better managing the Affairs of both Kingdoms, &c.

Mr. Prideaux reports the Reasons to be offered to the Lords at this Conference, why this House cannot agree to the Ordinance, with the Amendments, sent down from the Lords, touching the Committee appointed to meet with the Commissioners from Scotland: The which were assented unto; and ordered to be offered unto the Lords at this Conference.

Mr. Prideaux, Sir Tho. Barrington, Mr. Strode, Sir H. Vane, Mr. Rous, Mr. Crewe. . . . .

Examining Mountagu.

Ordered, That the Committee formerly appointed to examine Mr. Walt. Mountagu, do examine him with all convenient Speed; and make Report of it to the House.

Transporting Horses.

Ordered, That Mr. Tate shall have Mr. Speaker's Warrant, to send two Nags to two Brethren he has in the Low Countries.

Leicestershire Petition.

Ordered, That the Committee for the Leicestershire Petition be revived; and do meet on Monday next, at Two post Meridiem, in the Exchequer Chamber.

Carrying on the War.

Sir Walt. Erle brings Answer, That the Lords will give a Meeting at this Conference, touching the carrying on the War.

Prisoners of War.

A Letter from Sir Wm. Brereton, touching divers Prisoners brought with him from Saint Albane's, of Februarii 9, 1643; desiring to be directed for the Disposal of them.

Resolved, That Sir Nich. Byron, Sir Rich. Willis, Major General Gibson, Sir F. Boteler, Lieutenant Colonel Gibbs, Serjeant Major Willis, Serjeant Major Moale, be forthwith committed Prisoners to the Tower; for levying War against the Parliament and Kingdom.

Resolved, &c. That Captain Hatton, Captain Lydcott, Captain Finch, be forthwith committed Prisoners to the Compter in Southwarke; for levying War against the Parliament and Kingdom.

Resolved, &c. That Captain Spottiswood and Captain Whriram be forthwith committed Prisoners to Winchester House; for levying War against the Parliament and Kingdom.

Ship stranded.

The humble Petition of Maurice Thompson and Company; desiring they might have Liberty to lay their Arrest upon the Dunkirke Ship, stranded near Arundell; for Reparation to be made to them for Damages sustained by the Duynkirkers; was this Day read: And this House doth declare, that they know of no Restraint, laid by this House, upon the Duynkirke Ship; nor of any thing else done that may hinder the Petitioners to proceed against her in the Court of Admiralty, according to the usual Course of Law and Justice.

Associated Counties.

Ordered, That the Ordinance for the Four associated Counties reported, peremptorily, on Monday Morning next; and that Mr. Speaker put the House in mind hereof.

State of the Navy.

Ordered, That the Remonstrance of the State of the Navy, delivered at a Conference this Day by the Earl of Warwick, Lord Admiral, and now reported, be taken into further Consideration, on Monday Morning next.

Skutt's Petition.

Ordered, That the humble Petition of Geo. Skutt, of the Town and County of Poole, be referred to the Committee of the Navy, to certify their Opinions with all Speed.

Marston's Petition.

Ordered, That the humble Petition of John Marston, Merchant, be referred to the Consideration of the Committee for the Navy, to make Report of their Opinions thereupon with Speed.

Reprizal Goods.

Whereas the Lords and Commons, now assembled in Parliament, have received Information from the Lord High Admiral of England, that there are divers small Parcels of Currans, Hats, Cards, and other Goods, prohibited to be brought into this Kingdom by way of Merchandize; which, nevertheless have been brought in by way of Reprisals: And, for that further Quantities thereof, as also of other Goods of like Nature, may probably be brought into the Ports under the Command of the King and Parliament, by Ships and Vessels employed immediately in the Service of the State; or set forth to exercise and put in Execution the Powers granted by several Ordinances of Parliament; It is therefore Ordered, and Ordained, by the said Lords and Commons, That the Commissioners of the Customs, and all other Officers and Persons, whom it doth or may concern, shall, from time to time, permit and suffer such prohibited Commodities, brought in by way of Reprizal, to be landed at any Port where such Goods shall arrive, the Parties interested paying the ordinary Customs formerly payable for such Commodities; any Act or Ordinance to the contrary thereof in any wise notwithstanding.