House of Commons Journal Volume 3: 1 February 1644

Die Jovis, primo Februarii, 1643.

PRAYERS.

Sir Jo. Goodrick.

ORDERED, That Colonel Ven, the Governor of Windesore Castle, do return, to the Lieutenant of the Tower, Sir Jo. Goodrick, formerly Prisoner in the Tower, and escaped thence.

Paying the Forces.

Edw. Clud, Muster Master General of the City Forces, Thomas Walker, John Mariott, Thomas Cooke, presented for my Lord General's Army, according to the Order of the honourable House of Commons, dated the Twenty-ninth of January, 1643; John Greensmyth, Abraham Babington, Edw. Grosvene, Thomas Meriton, for Sir Wm. Waller's Brigade.

Ordered, That my Lord General be moved to grant Commissions to the Gentlemen above named, for mustering and paying the Forces under his Excellency's immediate Command, and the Forces of Sir Wm. Waller's. Brigade, according to the Order and Instructions of the Twenty-ninth of January, 1643.

Mr. Ashe is to move his Excellency herein.

Excise.

Ordered, That the Committee for Excise do meet this Afternoon.

Recruiting the Army.

Resolved, &c. That Twenty thousand Pounds shall be forthwith raised, for recruiting the Army under the immediate Command of his Excellency my Lord General.

Victory at Nantwich.

Ordered, That the Messenger that brought the very good News, of the great Victory it pleased God to give the Forces under Sir Tho. Fairefaxe and Sir Wm. Brereton, over the Forces that besieged Nantwich, and of raising That Siege, have Ten Pounds bestowed upon him; and that the Chairman of the Committee of Examinations do see this Ten Pounds paid accordingly.

Publick Fast.

Ordered, That the Committee, for the better and stricter Observation of the publick Fast, do meet this Afternoon, at Two of Clock; and bring in a Report with convenient Speed.

Letter from Gloucester.

A Letter from Colonel Massy, Governor of Gloucester, of the Twenty-fourth of January, 1643, was this Day read.

Member discharged, &c.

Resolved, That Mr. Brett shall be discharged and disabled for sitting any longer a Member of this House, during this Parliament: And that his Estate shall be forthwith sequestered, and employed for the Service and Supply of the Garison of Gloucester.

Ordered, That it be recommended to the Committee for the Safety, and his Excellency, to think of some Way of receiving and returning Intelligence to the Governor of Gloucester; and that they do return Answers to his Dispatches, for his better Encouragement.

Recruiting the Army.

An Ordinance for recruiting his Excellency's Army, to the Number of Seven thousand Five hundred Foot, and Three thousand Horse, besides Officers, and for the raising of Twenty thousand Pounds for these Purposes, was this Day read the First and Second time; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords, for their Concurrence, by Sir H. Vane jun.

Ordered, That the Ordinance for recruiting the Army under the immediate Command of his Excellency, be referred to Mr. Recorder and Mr. Scawen, to prepare and fit the said Ordinance according to the Resolution of the House.

Message to Lords, respecting a Challenge.

Mr. Holles is appointed to go to the Lords, to acquaint their Lordships with the Informations this House has received, of a Challenge that has passed from the Lord Willoughby of Parham, to the Earl of Manchester; and to desire their Lordships to examine it; and that the Persons interested, and in Fault, may be secured, for the preventing any further Danger.

Affront by Ambassadors Servants.

Mr. Whittacre and Sir Peter Wentworth are appointed to go to the States Ambassadors, to acquaint them with the Informations this House has received, concerning one Mr. Dillon, that terms himself a Servant to them, or one of them, that has done a great Affront to the House, in the Person of Sir Tho. Walsingham, a Member of this House; and to desire, that he may be delivered to be examined concerning it; and likewise, concerning one Martinet, that is likewise a Servant of theirs, that is said, He should send a great Trunk unto Oxon, upon pretence of Cloaths, which they are informed to be Arms; and that this Business may be examined.

Message to Lords.

Sir H. Vane carried up to the Lords the Ordinance for the present recruiting his Excellency's Army; and the Order for admitting the Lord Warrisson into the Assembly.

Foreign Ambassadors.

Resolved, &c. That this House doth declare, that it is a constant and ancient Rule and Order of this House, that no Member of this House ought to receive or give any Visit to any foreign Agent, or Ambassador, or any other Person, that avows himself to be a publick Agent, or Ambassador, without the Leave and Consent of the House.

Message from Lords.

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

The Lords do agree to the Ordinance concerning the Importation of Morea Currans, with one Amendment: "November," in the 21th Line, to be made "February 1643."

They do agree to the Addition of Mr. Rathbone and Mr. Strickland to the Assembly; and do desire, that Mr. Good may be likewise added to the Assembly.

Assembly of Divines.

Resolved, &c. That this House doth assent, that Mr. Good be added to the Assembly of Divines.

Importing Currans.

Ordered, That this Amendment of the Lords, of "February" for "November," be referred to the Committee where Sir Walt. Erle has the Chair, to consider of the Consequences of it.

Custos Brevium.

Mr. Herbert brings Answer, that the Lords do agree to the Ordinance concerning the Custos Brevium; which he carried up.

Answer to Lords.

Answer returned by the same Messengers; That, as to the Amendment in the Ordinance for importing of Morea Currans, they will send Answer by Messengers of their own: And do assent to the admitting of Mr. Good into the Assembly.

Answer from Lords.

Mr. Holles reports, that he had delivered to the Lords the Message commanded unto him; and that they return Answer, that they will put it to a speedy Examination.

Committee of both Kingdoms.

A Message from the Lords, by Dr. Aylett and Mr. Page;

The Lords have sent down an Ordinance for appointing a Committee of both Houses, to join with the Committees and Commissioners from Scotland, for the better managing the Affairs. of both Nations in the common Cause, according to the Ends expressed in the last Covenant and Treaty between the Two Nations; and desire this House to give it a speedy. Dispatch, in regard of the Weight and Importance of it.

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

Earl of Lanerick.

Ordered, That the Committee for the Safety do examine the Earl of Lanerick, concerning the Commission that was sent into Ireland, out of Scotland, when he was Secretary there, touching the Rebellion in Ireland.

Resolved, &c. That the Lord Lanerick shall be delivered into the Hands of the Lord Maitland, to be sent and conveyed as a Prisoner into Scotland; upon the Lord Maitland's taking it upon his Honour, that he should be safely conveyed.

Henley's Sequestration, &c.

Ordered, That the Profits of the Office of Mr. Henley, in the King's Bench, be sequestered till this House take further Order, to the Use of the Commonwealth; and that the Profits thereof, which hath, or shall accrue this Term, be disposed of for the Use of Lyme Regis: And it is to be recommended to Mr. Corbett, to see that a due Account of the Profits be kept from time to time; and that Mr. Whitwick may have this wonted Allowance.

Resolved, &c. That what Monies soever is Arrear to Mr. Henley for the said Office, (except for the Profits for this Term assigned to Lyme); and also what is due out of that Office to the Judges of the several Courts that are absent, and have deserted the Parliament, shall be disposed of to Mr. Trenchard, for Provisions for the Forces under Command of Sir Wm. Waller.

Ordinance to be read.

Ordered, That To-morrow, at Ten of Clock, the Ordinance, sent down from the Lords, concerning the Two Kingdoms, be read the Second time.

City Forces.

An Ordinance for the better Maintenance of the Forces raised, and to be raised, within the Line of Communication, by contributing one Meal in a Week, was read the First and Second time; and, upon the Question, committed unto Mr. Recorder, Mr. Strode, Mr. Bedingfield, Mr. Pelliam, Sir Ben. Rudyard, Sir Henry Vane jun. Colonel Ven, the Burgesses of London, Mr. White, Mr. Bences both, Sir Dudley North, Mr. Rous, Mr. Lisle, Mr. Holland, Mr. Blakiston, Mr. Bainton, Sir Tho. Barrington, Sir Gilb. Gerard: And are to meet To-morrow, at Two of Clock in the Star Chamber.

Business deferred.

Ordered, That, To-morrow, the London Petition be taken into further Consideration; and the Report concerning Windsor Garison: And that the Ordinance concerning the Court of Wards be reported.

Recruiting the Army.

An Ordinance for the present Recruiting of the Army under the immediate Command of his Excellency the Lord General.

The Lords and Commons assembled in Parliament, taking into their Consideration the Necessity of speedy recruiting the Army, under the immediate Command of the Lord General; and intending suddenly to settle a constant Pay for the said Army: And forasmuch as they think it requisite, that, upon the Recruiting of the said Army, Care likewise should be taken for the Regulating and Reforming thereof: The said Lords and Commons do therefore Ordain, That the said Army shall be forthwith recruited, unto the Number of Seven thousand Five hundred Foot, besides Officers, and Three thousand Horse, besides Officers; and shall consist of Seven Regiments of Foot, and Six Regiments of Horse; with a Suitable Train of Artillery. And, to the End the Lord General may be enabled speedily to recruit the said Army, as aforesaid, Be it further Ordained, That the Sum of Twenty thousand Pounds be forthwith provided, out of the Excise, or elsewhere, and paid in to Sir Gilbert Gerard Baronet, Treasurer at, Wars, for the Purposes aforesaid: And that this Business be recommended to the especial Care of his Excellency, to be speedily effected, according to the true Intent of this Ordinance.

Custos Brevium of Common Pleas.

Whereas his late Majesty King James, by Letters Patents, under his Great Seal of England, bearing Date the Twelfth Day of December, in the Second Year of his Reign, did grant unto Sir Henry Compton, Knight of the Bath, by the Name of Sir Henry Compton Knight, the Office of Custos Brevium in the Court of Common Pleas; to have and exercise the said Office by himself, or his sufficient Deputy or Deputies, immediately after the Death of Thomas Spencer and Richard Spencer, or as soon as the same should become void, and in the Disposition of his said late Majesty, his Heirs or Successors, by Death, Surrender, Forfeiture, or otherwise howsoever, for the natural Life of him the said Sir Henry Compton: And whereas the said Thomas Spencer and Richard Spencer afterwards died; and the said Sir Henry Compton was admitted in and to the said Office, and was thereof seized, as of his Freehold, during his natural Life: And whereas, afterwards, his Majesty that now is, by Letters Patents, under his Great Seal of England, bearing Date the Fourth Day of December, in the Tenth Year of his Reign, did, at the Nomination of the Right honourable Philip Earl of Pembroke and Montgomery, grant the said Office unto Edward Hide Esquire; to have and exercise the same by his sufficient Deputy or Deputies, immediately after the Death of the said Sir Henry Compton, or as soon as the same Office should become void, and in the Disposition of his Majesty, his Heirs or Successors, by Death, Surrender, Forfeiture, or otherwise howsoever, for the Term of the natural Lives of Wm. Herbert Esquire, and John Herbert Esquire, Two of the Sons of the said Earl, and the Life of the longer Liver of them: And whereas his said Majesty that now is, by the same last mentioned Letters Patents at the like Nomination of the said Earl, did grant the said Office unto Wm. Alston Esquire; to have and exercise the same by himself, or his sufficient Deputy or Deputies, immediately after the Decease of the said Sir Henry Compton and Edward Hyde, or as soon as the same shall become void, and in the Hands of his Majesty, his, Heirs or Successors, by Death, Surrender, or Forfeiture, or in any other Manner whatsoever, for the Term of the natural Lives of the aforenamed Wm. Herbert and John Herbert, and the Life of the longer Liver of them; which said Wm. Alston is sithence deceased: And whereas his said Majesty, after the Death of the said Wm. Alston, by other Letters Patents, under the Great Seal of England, bearing Date the Seventh Day of August, in the Fourteenth Year of his Reign, did, at the like Nomination of the said Earl, grant the said Office unto Jo. Glyn Esquire, now Recorder of the City of London; to have and exercise the same, with all Fees, Profits, Advantages, Privileges, Rights, Liberties, Easements, and Emoluments thereunto belonging, by himself, or his sufficient Deputy or Deputies, immediately after the Decease of the said Sir Henry Compton and Edward Hide, or as soon as the same should become void, and in the Hands and Disposition of his said Majesty, his Heirs or Successors, by Death, Surrender, or Forfeiture, or in any other Manner, or for any other Cause, or upon any other Occasion, whatsoever, for the Term of the natural Lives of the said Wm. Herbert and John Herbert, and the Life of the longer Liver of them: Which said John Herbert is yet living And whereas afterwards, that is to say, the First Day of July, in the Sixteenth Year of his Majesty's Reign that now is, Ursula, the then and now Wife, of the said Sir Henry Compton, was legally convicted of Popish Recusancy, that is to say, for that she then, being above the Age of Sixteen Years, did not resort to any Church, Chapel, or other usual Place of Divine Service, there to hear Divine Service, and Sermon (if any were), according to the Laws provided in that Behalf; and thereof standeth convicted to this Day: And whereas the said Sir Henry Compton, by his said now Wife, and, by a former Wife, deceased, hath divers Children, Sons and Daughters, all which are trained up in the Popish Religion, and himself hath not received the Sacrament of the Lord's Supper, as by the Established Laws of this Kingdom he ought to have done: By Means of which Conviction, and other the Premises, the Lords and Commons, in Parliament assembled, do Declare, That he, the said Sir Henry Compton, standeth utterly disabled in Law, to hold or exercise the said Office, by himself, or by his Deputy; and that the said Office is now actually void. And whereas the said Edward Hyde, since his Majesty's unhappy Departure from his Parliament, is gone to Oxford, and to other Places in his Majesty's Quarters; and There hath countenanced and fomented, and still doth countenance and foment, a bloody and unnatural War against the said Parliament: The Lords and Commons, out of their especial Care of the Weal Publick, conceiving it most requisite, that the Records of the Kingdom, especially such as concern the Inheritance and Estates of the Subject, should not be intrusted in the Hands of any other than a Person of approved Integrity and Fidelity; and the said Lords and Commons, well approving the Integrity and Fidelity of the said John Glyn; do further Ordain and Declare, by Authority aforesaid, That he, the said John Glyn, shall and may have, exercise, and enjoy, the said Office, with all Fees, Incidents, Profits, and Advantages thereunto belonging, for and during the natural Life of the said John Herbert, according to the Purport and true Meaning of the aforementioned Letters Patents, to him made, as aforesaid. And the said Lords and Commons do hereby will and require the Justices of the said Court of Common Pleas, that they, or some, or one of them, do forthwith, upon the Sight hereof, swear and admit him, the said John Glyn, in and to the said Office, accordingly. And these Presents shall be unto them, and every of them, and to every other Person whom it may concern, a sufficient Warrant in that Behalf.