House of Commons Journal Volume 3
13 May 1643

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History of Parliament Trust

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1802

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83, 84, 85

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'House of Commons Journal Volume 3: 13 May 1643', Journal of the House of Commons: volume 3: 1643-1644 (1802), pp. 83-85. URL: http://www.british-history.ac.uk/report.aspx?compid=853 Date accessed: 30 August 2014.


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Die Sabbati, 13 Maii, 1643.

PRAYERS.

Payment to Wasse.

UPON the humble Petition of Tho. Haughton Gentleman * * * *

Ordered, That the Treasurer at Wars do forthwith pay unto Mr. Jo. Wasse Surgeon, the Sum of One hundred Seven Pounds, Nineteen Shillings and Three-pence, for Meat, Drink, Lodging, physical and chirurgical Medicines, and Wages, expended by him, in the Cure of many wounded and maimed Soldiers, hurt at Keinton Battle, and afterwards conveyed to Warwick, and there have lain for many Weeks under Cure; as appears by Testimony, under Sir Wm. Waller's and Captain Langrege's Hand; and hath been likewise examined by the Committee for maimed Soldiers; and by Report from that Committee appears, that the Demands of the said Wasse are just and reasonable: And the Committee for the Safety of the Kingdom is desired to grant a Warrant for Payment of the same accordingly.

Church Government.

An Ordinance for calling an Assembly of Divines was this Day read; and, upon the Question, committed unto a Committee of the whole House; who are to meet upon it, this Afternoon of Two of Clock.

Hull Garison.

A Letter from Sir Jo. Hotham, of the Ninth of May, from Hull, desiring Supplies of Monies, was this Day read; and it is Ordered, that the Committee appointed for signing of Warrants for Disposal of Monies, do consider and take Order for furnishing of Sir Jo. Hotham with Monies, by a certain way of Establishment for the Relief and Service of the Garison of Hull.

Prisoners.

An Ordinance and Declaration concerning the Usage and Carriage towards the Prisoners, was this Day read; and, by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Scotch Army in Ireland.

Resolved, upon the Question, That Thirty thousand Pounds, Part of the Arrear due to the Scottish Army in Ireland, shall be paid for the Use of the said Army, out of the Monies that shall be raised, by the Ordinance for Sequestrations.

Message to Lords.

Ordered, That Mr. Strode do go up with a Message to the Lords, to desire them to hasten the passing of the Ordinance for Sequestring the Lord Capell's Estate, for the Use of my Lord General; and to take Notice of my Lord General's being there in Person Yesterday; and that their Lordships did take such particular Notice of his great Services done, as to desire this House to join with them in public Thanks to his Excellency; and to desire the Lords to sit a while; for that this House has Matter of Importance to communicate unto them.

Transactions with Scotland.

A Declaration, in Answer to Two Papers dated the Twenty-seventh of January, and Sixth of May, delivered by the Earl of Lyndesay to the English Commissioners; and by them presented to both Houses; was this Day read; and, by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Answer from Lords.

Mr. Strode brings Answer, that as to the Ordinance concerning my Lord Capell's Estate, and the Declaration upon the Result of the Treaty, they will send Answer by Messengers of their own.

Conference desired.

Lord Ruthen went up to the Lords, to desire a conference upon the Matter of the Conference Yesterday, concerning my Lord General; and concerning the Irish Ship Masts; and concerning a Declaration in Answer to Two Papers, delivered by the Earl of Lindesay, and the Scotts Commissioners, to the English Commissioners; and by them presented to both Houses.

Lord Capell's Estate.

Resolved, &c. That one Head of the Conference shall be, to desire the Lords to pass the Ordinance concerning the Lord Capell's Estate.

Conference agreed to.

Lord Ruthen brings Answer, that the Lords do agree to give a present Meeting, at a Conference, upon the Particulars desired, by Committees of both Houses, in the Painted Chamber, as is desired.

Mr. Pym, Mr. Glyn, Sir Wm. Armyn, Sir Philip Stapelton, Mr. Green, are appointed Managers of this Conference.

Hurry's Assessment.

Ordered, That the Distress taken of the Goods of Colonel Hurry, for the Payment of the weekly Assessments, shall be suspended, until the Committee for Assessments, to whom this whole Business is referred, to do in it as they shall think fitting, do order and settle the Business: And the Collectors are hereby required not to remove any of the said Goods, till the said Committee do take further Order therein.

Restoring Money to Evelyn.

The Question being put, whether Three hundred Pounds, Parcel of the Monies taken from Captain Evelyn's Wife, shall be restored and repaid to Captain Evelyn;

The House was divided:

The Yeas went forth.

Sir Alexander Denton, Mr. Whittlock, Tellers for the Yea: With the Yea, 56.
Lord Ruthen, Sir Peter Wentworth, Tellers for the Noe: With the Noe: 36.

Resolved, &c. That the Three hundred Pounds, Parcel of the Monies taken from Captain Evelyn's Wife, shall be restored, and repaid to Captain Evelyn.

Lucas' Sequestration.

Resolved, &c. That the Committee for Sequestrations, in the Country of Essex, shall sequester the Estate of Sir Jo. Lucas.

Member admitted.

Upon a Report, this Day made, from the Committee for absent Members, of the Cases concerning Mr. Whittacre and Mr. Davis, sent for, as Delinquents, for not appearing upon Summons;

It was Resolved, upon the Question, That Mr. William Whittaker shall be forthwith admitted into the House, notwithstanding any former Order, or Vote, of Delinquency.

Information against Davies.

Resolved, &c. That the Information against Mr. Davies, now in the Serjeant's Custody, be referred to the Examination of the Committee for absent Members; and that, in the mean time, he be forthwith bailed.

Message from Lords.

A Message from the Lords by * * * *

The Lords do agree to the Four Propositions delivered at the last Conference.

1. To the Ordinance concerning Ship Masts in Ireland. 2. To the Declaration in Answer to the Two Papers from the Scotts Commissioners. 3. That the Two Speakers shall give Thanks to the Lord General. 4. They have appointed Four Lords.

Committee to Common Council.

Sir Wm. Armyn, Mr. Pym, Sir Nevil Poole, Sir H. Mildmay, Mr. Noble, Sir Tho. Soame, Sir Mart. Lumley, Sir Tho. Cheeke;

This Committee is appointed to meet with a Committee of a proportionable Number of the Lords, to go to the Common Council, to represent unto them * * * *

Answer to Lords.

Answer returned by the same Messengers; that this House has considered their Lordships ...; and do agree, that their Speaker shall, with the Speaker of the Lords House, return Thanks to my Lord General; and have appointed a Committee, of a proportionable Number, to go to the Common Council.

Great Seal.

Ordered, That, the Debate concerning a Great Seal of England, shall be taken into further Consideration on Monday Morning at Ten of Clock: And Mr. Speaker is to put the House in mind hereof.

Raising Money.

Ordered, That the next Business, after the Debate concerning a Great Seal, shall be the Report made touching Monies to be raised, by laying a Charge upon Commodities: And Mr. Speaker is to put the House in mind hereof.

Powder for Coventry.

Ordered, by the Commons assembled in Parliament, That the Committee for the Navy do forthwith take Order for furnishing Mr. George Townesend with Twenty Barrels of Powder, out of the Two hundred and Seventeen Barrels of Powder to be sent to Portesmouth. And it is further Ordered, That the Committee for the Safety do give Order, that the said Twenty Barrels of Powder be returned into the Stores for the Service of Portesmouth: Which Powder the said Townesend is to convey to the City of Coventry, for the better Safety and Defence thereof, they having furnished the Places adjacent out of their own Stores.

Prisoners of War.

Whereas the Lords and Commons have been several times informed, as well by grievous Complaints and Petitions from divers Prisoners taken in their Service by the Forces raised against the Parliament, as by several other Informations, of the most barbarous and cruel Usage which they suffer by those that have the Charge and Custody of them (and particularly, by one Smith, a Provost Marshal in the King's Army at Oxford) by Violence to their Persons; grievous Extortions; Denial of Meat, Drink, Bread, Beds, Lodging, and Access of Friends, Surgeons, or others, to dress their Wounds, and of all other needful Succours; lodging them in Heaps, not only upon the Ground, and bare Boards, but in most loathsome and filthy Dungeons, annoyed with abominable Stench of dead Carrion; allowing, to some of them, only Three Halfpence the Day for their Sustenance, and a little Water, foul and noisome; and by other strange and unsufferable Cruelties, contrary to the Laws of Arms, and all Humanity: By means whereof many of them, being Captains and Officers, and others Persons of Worth and Quality, are dead; and the rest are like to perish with extreme Misery: Whereas, on the other Side, the Prisoners taken in actual War against the Parliament, or committed for other great Delinquency against the Parliament, have been and are used with all Favour and Lenity; many of them bailed and discharged, and others removed to Places of more Ease and Conveniency; which might justly have occasioned the like Usage and Favour to the Prisoners taken in their Service; and to that end they have sent several humble Messages to his Majesty, and used all fair Ways and Means, to obtain Ease and Relief for the said Prisoners; but cannot yet have any Redress: And finding the Inconveniences that follow, by this Favour and Lenity shewed to their Prisoners, and the barbarous Cruelty shewed to the Prisoners taken in their Service, to the great Encouragement of their Enemies, and the Discouragement of those that adventure their Lives and Fortunes in the Cause of God, and the Commonwealth; For Remedy hereof, the said Lords and Commons do ordain as followeth; viz.

1. That no Prisoner, taken in actual Hostility against the Parliament, or for adhering, advising, or assisting thereunto, shall be discharged or bailed, but upon Exchange of some other Prisoner of the like kind taken in their Service; and that whoesoever shall move, in either House of Parliament, for Discharge or Bail of any such Prisoner of theirs, as aforesaid, shall give in the Name of such other Prisoner, taken in their Service, as shall be so delivered, in Exchange; and for whose Delivery he will undertake.

2. That none of the Parliament Prisoners, in the Cases aforesaid, shall be permitted to go out of his Chamber; nor to have any Pen, Ink, or Paper; nor shall any Person be suffered to speak with him, but in the Presence of the Keeper; and none but such as shall be first allowed by the Committee of Lords and Commons for putting in Execution of the Ordinance for Sequestration of Delinquents Estates, or such other Committee of Lords and Commons, as shall be appointed for that Purpose. And if any Gaoler or Keeper shall fail in Observance of the said Rules to any Prisoner, it shall be taken for an Escape of every such Prisoner; for which the said Gaoler or Keeper shall be punished accordingly by both Houses of Parliament.

3. If any be taken Prisoner, serving in War for the Parliament, or for adhering or assisting thereunto, shall be used in worse manner than is herein before expressed, for Prisoners of like Nature, in their Custody or Power; then the like Rigour and Severity shall be used to the Prisoners in their Custody, which is or shall be used to any the Prisoners taken in the Service.

4. If any other Prisoner, taken by the Forces raised against the Parliament, other than in the Cases beforementioned, shall be worse used than the Prisoners of like Nature within their Power or Custody, are or shall be used, then the like Measure of Severity shall be used to those also, as shall be used to their Prisoners.

5. That the Lord General, the Earl of Essex, be desired forthwith to send to the Lord General of the King's Forces to acquaint him with the said Informations, which the Houses of Parliament have received touching the cruel Usage of the Prisoners taken in their Service; and to desire, that a certain Number of Persons may be appointed by the Lord General, of both Armies, with safe Conducts, to view the Prisoners on each side respectively, from time to time; and certify the State and Condition of their Usage: Which if it shall be denied, the Houses will take for granted, that the said Informations, which they have received, are true; and then they will use the same Measure of Severity to their Prisoners.

Scotch Army in Ireland.

We, the Lords and Commons in Parliament, have taken into our serious Consideration Two Papers, dated the Twenty-seventh of January, and Sixth of May, delivered, by the Earl of Linsey, to the Commissioners appointed by his Majesty, and both Houses of Parliament, to treat with his Lordship, and other Commissioners of Scotland, and by them presented to both Houses; unto which Papers the English Commissioners are in the Name of both Houses to return this Answer; That, as we have much Cause of Sorrow and Compassion, in respect of the common Miseries and Calamities wherewith the Kingdoms of England and Ireland are grievously afflicted; so doth it not a little trouble us, that, by reason of the publick Distractions and Burdens, we are disabled to perform, towards our Brethren of Scotland, the Reality of our Intentions to give them that full Satisfaction, both for Payment and Provision of their Army in Ireland, as might answer their Expectation, and our own Desires: All which notwithstanding, we hope our Brethren (as we should do in their Cases) will look upon our Wants and Dangers as their own, and rather join with us, in seeking to remove the common Cause of those Evils, than impute to us those Inconveniencies which they suffer by them; which are altogether out of our Power to remedy. They are likewise to desire them to rest assured, that, according to the Means, wherewith God shall enable us, we shall ever be forward to express our Desires and Endeavours to give them Contentment; which that we may more speedily effect, we have resolved, that the Sum of Thirty thousand Pounds shall, with all Expedition, be levied upon the Ordinance of Sequestrations, and shall be paid over towards the Arrears of the Scotts Army in Ireland: And, for preventing all Difference of Account, we will appoint an Auditor, to join with such as his Lordship shall nominate, to further the Account, and reduce their Arrears to a Certainty: Which being done, we will further consider of some effectual Way, according to the Treaty, of clearing the same. We likewise desire his Lordship may know, that we intend, very shortly, to send Committees from both Houses of Parliament into Scotland, to treat there concerning the future Continuance or Removal of their Army; in which we shall have a due Regard to the Affection, which we bear to our Brethren of Scotland; and to the near Interest and Communion of Good and Evil, Safety and Danger, wherein both Kingdoms are united. And we intreat the Earl of Lynsey to represent all this to the Lords of the Council, and State of Scotland, and to excuse our long Forbearance to make any Reply to these, and other the former Propositions, which he hath, with great Instance and Diligence, made to us: But our manifold Distractions, whereof he hath been a Witness, would not permit us to make a speedier Answer; which we did the rather suspend, being in Hope, that, before this, we, by a happy Peace, and Agreement with his Majesty, might have been enabled to make it more satisfactory, both to them and to ourselves.

Windsor Castle.

It is this Day Ordered, by the Commons House of Parliament, That the whole Regiment of Foot Forces, together with a Troop of Horse under the Command of Colonel John Ven, in the Town and Castle of Windsor, with their several and respective Officers, Gunners, and others employed in Service there, be, from time to time, paid by Sir Gilbert Gerrard, Treasurer of the Army, out of the Monies that shall be levied and received within the County of Berks, upon the Ordinance for the weekly Assessments, and for seizing and sequestring the Estates of Papists, and Delinquents: And for the better Accommodation of the County for Return of their Monies, the Treasures appointed for the said Assessments and Sequestrations, in the said County, are hereby required to make Payment unto the said Colonel Ven, from time to time, all such Sums of Money, as shall be ordered and appointed, be paid unto him by Sir Gilbert Gerrard, and shall be due unto the said Colonel Ven, by Account passed under the Hands of the Auditors appointed for that Purpose, and ordered to be paid unto the said Colonel Ven by the House of Commons, or Committee for the Safety, or either of them: And this shall be a Discharge unto all whom it doth or may concern so to do.