House of Commons Journal Volume 3: 15 November 1643

Pages 311-313

Journal of the House of Commons: Volume 3, 1643-1644. Originally published by His Majesty's Stationery Office, London, 1802.

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Die Mercurii, 15 Novembris, 1643.


Fowlis' Arrears.

THE humble Petition of Dame Mary Fowlis, Widow, the Relict of Sir Henry Fowlis Bart. lately deceased, in the Service of the Parliament; desiring the Arrears, due to her Husband, to be paid unto her for her Relief, and the Relief of her fatherless Children; was this Day read: And

It is Ordered, That it be referred unto my Lord Fairefaxe, to consider of the Petitioner's Petition; and to examine the State of the Arrears, due unto her Husband; and to take Order for the speedy Payment thereof.

Leave of Absence.

Ordered, That Mr. Broxholme shall have Leave to go into the Country, and shall have two Months Time to stay; and that all such Members of the House, who had Leave and Time given them to be absent, and whose Times are elapsed, do forthwith give their Attendance.

Sir Alexander Denton, Sir Edw. Littleton, and the rest, to be summoned forthwith to attend.

Bristoll, &c. Elections.

Ordered, That the Business, concerning the Election at Bristoll and Tewxbury, be referred to the Committee for Elections where Sir Rob. Harley has the Chair; and that That Committee be revived, and do meet To-morrow in the Afternoon, in the Star Chamber.

Member discharged.

Resolved, &c. That Sir Rob. Crooke be forthwith discharged from being, or sitting any longer, as a Member of this House, during this Parliament, for his great Neglect, and discontinuing the Service of the House.

Transporting Wools, &c.

Ordered, That it be referred to the Committee for the Safety, to write a Letter to the Earl of Manchester, to make Stop of the Wools that are upon transporting out of Lincolneshire; that he suffer no Wools to be transported beyond the Seas: And that the Officers of all Ports and Creeks be required to take especial and strict Care, that no Wools, nor Fullers Earth, be transported: And likewise, that the Committee of the Navy do write a Letter to the Earl of Warwick, to give order to all the Captains of Ships under his Command, to examine all Ships, and to use their best Diligence to prevent the Transportation of Wools, and Fullers Earth.

Ordered, That the Ordinance for preventing the Transportation of Wool, and Fullers Earth, be brought in on Saturday Morning next.

Ordered, That the Ship of Wools, stayed in the Port of Yermouth, be landed and sold there by the Bailiffs of Yermouth, and Officers of the Custom House; and that the Care and Diligence of the Officer of the said Port, that made Stay of the said Ship, be taken notice of: And Mr. Corbett is to take care herein.

Proceedings against Fienis.

The humble Petition of Clement Walker and Wm. Prynne, Esquires, concerning Mr. Nath. Fienis, and the Surrender of Bristoll, was this Day read:

And Articles of Accusation of the said Mr. Fienis, touching the Surrender of the said City of Bristoll and Castle, were this Day likewise presented to the House.

A Letter from Mr. Prynne to Mr. Nath. Fienis was likewise read.

Ordered, That, as this House shall be careful that there shall be a fair and equal Trial of Mr. Nath. Fienis; so they will take the Petition of the Petitioners, and the Articles, after the Trial, into Consideration; inasmuch as it shall concern my Lord General, and the Council of War; and as it shall concern the Privilege of Parliament,

Resolved, &c. That the Articles, intituled, Articles of Accusation and Impeachment against Colonel Nath/?/ Fienis, late Governor of the Castle and City of Bristoll, touching the dishonourable Surrender thereof to the Enemy, contrary to his Trust and Duty, by Clement Walker and Wm. Prynne, Esquires, shall be now read.

The said Article, and Impeachment were accordingly read.

The Petition and Articles were signed Clement Walker and Wm. Prynne:

And they were both called in; and at the Bar, being demanded, whether the Names subscribed were of their Hand Writing, did avow the Names to be of their own Writing; and did avow the said Petition and Articles.

Ordered, That a Copy of these Articles, attested under the Clerk's Hand, be forthwith sent to my Lord General.

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

French Ambassador.

The Lords desire a present Conference by Committees of both Houses in the Painted Chamber, if it may stand with the Conveniency of this House; concerning a Paper which they have received from the French Ambassador.

Archbishop of Canterbury's Impeachment.

They have likewise sent down the Answer of the Archbishop of Canterbury to the Articles of Impeachment of High Treason, and divers High Crimes, and Misdemeanors, exhibited against him by the Commons.

The Answer was in hæc Verba; viz.

Die Lunæ, 13 Novembris, 1643.

The humble Answer of Wm. Archbishop of Canterbury to the further Articles of Impeachment of High Treason, and divers High Crimes and Misdemeanors, exhibited against him by the honourable House of Commons, according to Direction of an Order of. . . honourable House, of the Three-and-twentieth of October last.

ALL Advantages of Exception to the said Articles of Impeachment, to this Defendant saved and reserved, This Defendant humbly saith, that he is not guilty of all, or any the Matters, by the said Impeachment charged, in such Manner and Form, as the same are by the said Articles of Impeachment charged. Signed,

W. Cant.

Conference agreed to.

Resolved, &c. That the Answer to this Message shall be, That this House will give a present Meeting at a Conference, as is desired.-

Relief of Plymouth, &c.

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

The Lords have returned an Ordinance sent up to them, concerning one Half to be charged upon all Merchandize exported and imported, for the Relief of Plymouth, with the Addition of Poole and Lyme.

The Additions were read; and assented unto, by Vote upon the Question.

Answers to Lords.

Answer returned by the first Messengers; That this House has considered their Lordships Message; and, as to the Conference, they will give a present Meeting, as is desired.-

Answer returned by the second Messengers; That this House has considered their Lordships Message; and do agree to the several * * * *


Sir H. Vane, Sir Philip Stapilton, Mr. Grimston, are appointed Reporters of this Conference.

Newporte Pannell Garison.

Ordered, That Sir Rowland St. Johns, Sir Gilb. Pickering, for the County of Northampton; Sir Beauchamp St. Johns, and John Welles of Heatheneach, Esquire, for the County of Bedford; Sir Peter Temple and Mr. Fountaine, for the County of Bucks; Sir Wm. Litton and the Committee of St. Albans, for the County of Herts; Sir Dud North, Sir Nath. Barnardiston, with such, Sir Dud North, Sir Nath. Barnardiston, with such, Committees as shall be sent from Cambridge, and the associated Counties; for the associated Counties; do To-morrow repair to his Excellency my Lord General; to stay there, till, by his Advice, the Garison at Newporte Pannell shall be settled.

Letters to Denmarke.

Ordered, That Mr. Speaker do sign the Letters brought in, and directed to the King and Queen of Denmarke, &c.

Relief of Plymouth.

Resolved, That the Men raised under the Command of Colonel Harley, shall be forthwith sent away for the Relief of Plymouth.

Earl of St. Albans' Sequestration.

Whereas both Houses have formerly ordered Ten thousand Pounds per Ann. to be paid to his Excellency, out of the Sequestrations; It is this Day Ordered, That the Benefit of the Estate of the Earl of St. Albans, ordered to be sequestred, shall be from time to time disposed towards the Payment of the said Ten thousand Pounds per Ann. to his Excellency: And it is recommended to the Committee for Sequestrations, of Lords and Commons, to give Order herein accordingly.

Forces for Plymouth.

Resolved, &c. That the Men raised under the Command of Colonel Harley shall be forthwith sent to Plymouth by Sea.

Resolved, &c. That so many Soldiers as are wanting to complete Colonel Harley's Regiment, shall be forthwith raised by Imprest or otherwise, and sent away to Plymouth by Sea: And it is specially recommended to the Committee for the West, to take care for the raising of these Men, and sending them away to Plymouth.

Resolved, &c. That the Earl of Warwick be desired to give Order, that a good Convoy be sent to Plymouth with the Five hundred Soldiers designed for that Place: And that the Committee of the Navy do take care to write this Letter.

Ordered, That Sir Arthur Hasilrig and Mr. Trenchard do write a Letter to Sir Wm. Waller, to signify unto him, what Necessity hath induced this House to send away Five hundred of his Men for the Service of Plymouth; and to know of him, if he can spare Five hundred more; and that it is not with any Intention, to take them from under his Command; but that, though they be at Plymouth, yet they shall be still under his Command.

Embassy from France.

Sir Henry Vane reports the Conference with the Lords concerning the French Ambassador; and presents these two Papers following, which were delivered by the Lords at that Conference:

MEMORANDUM. To remember M. le Comts de Northumberland, that M. le Prince de Harcourt Paire & Grand Escuier de France, Extraordinary Ambassador in England, hath intreated him to report to Messieurs du Parliament, that he hath had the Honour to see their Majesties of Great Britain; to whom he hath made known the most affectionate Desire, that the King his Master and the Queen his Mistress have to contribute all kind of Offices, to procure unto them Quiet and Tranquillity in their States, by a good Peace: To which, having found the Minds of their said Majesties disposed, M. le Prince de Harcourt desireth to know, if (as he thinketh) They do correspond to so right Intentions: In which Case, after they have made him understand the Subject that hath obliged them to have recourse to Arms, he offers to interpose himself, to pacify their Differences, by Expedients most conform to the ancient Laws, Customs, and Ordinances of this Realm, which can be proposed of all Parts.

THE Lords having received from the Prince d' Harcourt, Ambassador Extraordinary in England, a Paper in hæc Verba (as next above); and, having communicated it with the House of Commons; the Lords and Commons do therein take notice of, and, with all due Respect and Thankfulness, acknowledge, the most affectionate Desire, the King his Master and the Queen his Mistress do express, to contribute all kind of Offices to procure the Quiet and Tranquillity of the Estate of the King of Great Britain by a good Peace; the Lords and professing they desire nothing more than the Settlement of such a Peace, as may as well procure Honour and Happiness to the King, as the Preservation and Security of the true Religion, Privileges of the Parliament of England, and the just Rights and Liberties of the Subject: And when the Prince of Harcourt shall, in the Name and from the Crown of France, purpose any thing to that End to the Lords and assembled in the Parliament of England, they will then give . . . Answer thereunto, as may make it most evident, they have been forced to take up Arms for their own just and necessary Defence; and nothing hath been, or is more in their Intentions and Desires, than a Peace, honourable to the King, and secure to themselves; as is before expressed.

Ordered, That the Report now made, concerning the Paper received from the French Ambassador, be taken into Consideration on Saturday Morning next.

Ordered, That the Committee for the Militia do give Order, that no Captain of the Guard do presume to search, or uncivilly to use any of the French Ambassador's Servants that come to pass their Guards: But, if there be Cause to suspect them, to bring them to the Parliament, or to the Committee for the Safety of the Kingdom.

Forfeited Money.

Ordered, That the One hundred and Fifty Pounds, discovered to the Committee of Examinations to be forfeited to the State, shall be disposed of to Mr. Corbett, to be by him disposed of for the speedy sending away Sir Arthur Hasilrig's Soldiers; provided some Recompence be given to the Party that discovered the same.

Navy Supplies.

Sir Henry Vane reports from the Committee of the Navy, appointed to meet with a Committee of Lords and Commons, for providing Supplies for the Navy: Whereupon it was

Resolved, That an Excise should be set upon Flesh.

Resolved, &c. That an Excise should be set upon Salt; except what is employed for Fishing.

Resolved, &c. That the Excise on Flesh and Salt shall be appropriated to the Maintenance of the Navy, in such Manner, as by Ordinance of Parliament shall be appointed.

Resolved, &c. That an Excise be set on Tobacco Pipes.

Resolved, &c. That the Excise on Tobacco Pipes, shall be appropriated for the buying of Arms and Ammunition.

Ordered, That it be referred to the Committee of the Navy, and the Committee for the Excise, to join together to bring in an Ordinance according to these Votes; and to consider of an Excise on Goods to be imported.

Great Seal.

Ordered, That the Committee for the Great Seal, and the Commissioners, do meet To-morrow, at Nine of Clock, in Serjeant's Inn Hall, in Chancery-lane, to consider what is fit to be done concerning the same.

Porter's Estate.

Ordered, That it be referred to the Committee for the West, to examine the Business informed of concerning an Estate of Two thousand Pounds of Mr. Endimion Porter, to be in the Hands of Mr. Curteen; and if it be found to be so as it is informed, that then it be employed for the Use of Sir Wm. Waller, for his Expedition into the West: And they have Power to send for Parties, Witnesses, Writings, &c.

Webb's, &c. Petition.

Sir Gilb. Gerard, Mr. Cage, Mr. Holland, and Mr. Gourdon, are to consider of the Petition of Mr. Webb the Merchant, Jo. Smith and Tho. Richardson, Commissaries for valuing of Horses; and to call the Parties before them; and present their Opinions to this House.

Grant for Lyme Regis.

Ordered, That Mr. Notley, who hath in his Hands One hundred and Fifty Pounds of the Subsidy Money on the Bill of Four hundred thousand Pounds, be required forthwith to pay the said Sum to Mr. Rose, for the Use of Lyme Regis: And the House will save him harmless against any Bond he hath entered into.

Money for Army.

Ordered, That the Monies due to Sir John Pennyngton and Mr. Devick, remaining in the Hands of Captain Crauley, Capt. Maurice, and Mr. Smyth, Secretary to the Commissioners of the Navy, shall be forthwith paid to Mr. Corbett; to be by him; disposed of for the speedy sending away Sir Arthur Hasilrigg's Foot Soldiers to Sir Wm. Waller: And this House will save the said Capt. Crauley and Mr. Smyth harmless.

Leave of Absence.

Ordered, That Sir Roger Burgoine shall have Leave to go into the Country.

Seizing Goods.

That, whereas this House is informed, that certain Goods, which were appointed for the Service of Ireland, are concealed: It is Ordered, That the Committee of Adventurers, in the City of London, for the Irish Affairs, shall make Stay of, and seize those Goods; and make Report to the House of the same.

Lord Wharton, &c.

Ordered, That the Business concerning the Lord Wharton and Sir Henry Mildmay, be taken into Consideration on Monday next.

The Covenant.

Ordered, That the Members of this House that have not taken the Covenant, shall take the same on Saturday next.

Sir John Evelyn.

Upon the humble Petition of Sir John Evelyn of Godstone, in the County of Surrey, Knight; and the Certificate of John Clerke, Doctor of Physick, of the languishing Condition of the said Sir John Evelyn; it is Ordered, That the said Sir John Evelyn shall have Liberty to go to his Country House at Godstone in Surrey, for the better Recovery of his Health, notwithstanding the Bond given to Mr. Alderman Pennyngton: Giving his Promise, to return to London again, when he shall be well recovered, and this House require him so to do.

Issuing Money in Lancaster, &c.

Ordered, That, to the former Order of the Sixth of September 1643, for enabling the Deputy Lieutenants of the County of Lancaster and Chester to issue Monies, upon Warrant from Seven or more Deputy Lieutenants in either County, or the major Part resident in either County, this Clause shall be added between the Word " County" and "which"; " or within the said County of " Chester, upon emergent Occasions, by Warrant under " the Hand of Sir Wm. Brereton, Commander in Chief " of the Forces within that County, with the Advice of " the major Part of the Deputy Lieutenants at Nanpt-" wich."

Ecclesall Castle, &c.

Ordered, That Sir Wm. Brereton, Governor of the Castle of Ecclesall, shall take and receive the Rents, and other Profits belonging to the said Castle; and of the Estate of Thomas Leighe of Adlington, Esquire, upon Account of both Houses of Parliament.

Advances for Navy.

For the Payment of the present Debts of the Navy, and making necessary Preparations of Materials and Stores for the setting forth a Fleet the next Spring, for the Guard of the Seas, Defence of the Kingdom, and for the securing of Trade, and Encouragement of Merchants; it is this Day Ordered, That the Committee of the Navy shall have Power to treat with the East India Company, or any other Companies of Merchants of the City of London, or with private Persons, for Advance

/?/ Money for the Use of the Navy, by way of Loan, to the Sum of Fifty thousand Pounds: And this House doth declare, That they will be ready to give all fitting Encouragement to any of the said Companies, or Persons, for the Advantage of Trade, upon reasonable Propositions to be tendered by them.

Governor of Ailesbury.

Ordered, That the Committee for the Militia do pay the Two hundred Pounds, formerly ordered to Sir Gilbert Gerard, to be by him forthwith paid over unto Colonel Atdrich Governor of Ailesbury.