House of Commons Journal Volume 3: 20 May 1644

Die Luna, 20 Maii, 1644.

PRAYERS.

Bosevile's Arrears.

ORDERED, That Mr. Millington do prepare and bring in an Ordinance for the advancing of Three hundred Pounds, upon Account, unto Colonel Bosevile, in Part of the Arrears due to the said Colonel Bosevile, for his Entertainment in the Parliament Service; to be issued out of such Monies as he shall discover, of Papists and Delinquents Estates not yet discovered, and by him to be discovered; and to observe the like Circumstances, before he make himself Master of such Estates, as are limited to Sir Wm. Brereton by this Ordinance.

Attorney General.

An Ordinance for enabling Mr. Solicitor to sign Warrants concerning Tolls; and to do other Acts, in as ample Manner as the Attorney General, if present, ought or might have done, was this Day read; and, by Vote upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

King's Bench.

Whereas a Motion was made this Day, for Mr. Aske to be put into the Place of Mr. Fanshawe, in the King's Bench Office; It is this Day Ordered, That an Ordinance be brought in, with a Blank, by Mr. Hill; for settling the Office of Mr. Fanshaw in the King's Bench, on such Person as the House shall think fit; the House having made an Order, not to grant any Office to any Person the first Day that it is moved.

Delinquents Estates.

Ordered, That the Committee for Portesmouth do bring in an Ordinance for the seizing and disposing of the Estates of such Papists and Delinquents, as shall be by them discovered, to the Use of Portesmouth; with the Observation of such Limitations as are expressed in Ordinances to the like Purpose.

Committee of both Kingdoms.

Sir Tho. Barrington is appointed to go to the Lords, to acquaint them with, and press unto them, the Necessity of the speedy passing the Ordinance, for the continuing the Committee of both Kingdoms; and that the Weal and Good of the Kingdom depends upon the speedy settling of that Business.

Message to Lords.

Mr. Ashherst is appointed to go to the Lords, to desire them to expedite the Ordinance for Two thousand Pounds to Sir Tho. Middleton, out of Baron Hilton's Monies.

He likewise carried up the Ordinance for the better putting in Execution the former Ordinances of Sequestrations: And the Ordinance concerning the Excise of Cheshire.

Ordinance for Plymouth.

Ordered, That Sir Walt. Erle Knight, Lieutenant of the Ordnance, and the rest of the Officers of the Ordnance, do forthwith furnish the Two Ketches, by Order of this House, designed for Plymouth, with Guns, and Gunners Stores.

Pembroke, &c. Association.

An Ordinance for the Associating of the Counties of Pembroke, Cardigan, and Carmarthen; and for making of Rowland Langhorne Esquire, Commander in Chief of the said Three Counties; and for the fortifying of Milford Haven; was this Day read the First and Second time; and, upon the Question, committed unto the Committee for Gloucester: With the Addition of Mr. White, Mr. Jennour, Mr. Reynolds, Mr. Ellis, Mr. Bond, and Mr. Hill. And

Browne's &c. Petition.

It is further Ordered, That the Petition of Tho. Browne, and James Wainewright of London, Citizens of London, be referred to this Committee.

Answer from Lords.

Sir Tho. Barrington brings Answer; That the Lords will take his Message into immediate Consideration; and send Answer speedily by Messengers of their own.

Stores for Pembroke.

Ordered, That there shall be allowed, out of the Stores, to the County of Pembroke, Two Ton of Match; Bullets for Demi-culverin, Sacre, and Falcon, for each an Hundred.

Loss of Lincolneshire.

Ordered, That the Committee formerly appointed to consider of the Informations given to this House by Colonel Cromwell, concerning the Loss of Lincolneshire, be joined to the Committee where Mr. Tate has the Chair, as to the Business concerning the Informations delivered in by Colonel Kinge: And that this Committee, thus joined, do meet this Afternoon upon this Business; and give the best Expedition they can to this Business.

Relief of Plymouth.

An Ordinance for the further Relief of the Town and Fort of Plymouth, was this Day read.

Seizing Carts, &c.

Resolved, &c. That the Carts, this Day seized or taken up, that brought Provisions to this Town, shall be forthwith discharged: And that all such Carts and Horses, as bring Provisions to the Town, shall not be seized or taken up in their Bringing, or Return, without the Consent of the Owners, or the Carters, or their Servants present: And that whosoever shall seize, or take up such Carts, or Horses, as bring Provisions to the Town, as aforesaid, in their Bringing or Return, without their Consent; or impress such Carters, or their Servants; shall be liable to make Satisfaction to the Party grieved, and discharged of their Employment.

Letter to Lord General.

Mr. Whitlock presented, from the Committee, the Draught of a Letter to be sent to my Lord General; in Answer of his to both Houses, delivered by the Lords at a Conference on Saturday last: The which was read; and assented unto; and ordered to be sent unto the Lords, for their Concurrence.

Mr. Whitlock is to carry it up.

Carters Complaints.

Ordered, That Sir Jo. Franklyn, Sir Gilb. Gerard, Mr. Whittacre, Mr. Bell, and Mr. Jennour, do presently go forth, to accommodate, in the best Manner they can, the Complaints of the Carters, whose Carts are taken up to carry Provisions to the Army.

Army Pay.

A Letter from my Lord General to the Treasurer at Wars; desiring the Remainder of his first Month's Pay, was this Day read.

Ordered, That the Commissisoners of Excise do provide and furnish Ten thousand Pounds for my Lord General's Army; and pay it in by Thursday next, peremptorily: And that the Care of Bringing in this Money, according to this Order, be referred to Mr. Strode, Sir Gilb. Gerard, Mr. Nicoll, Mr. Long, and Mr. Green; whose Diligence is expected in this so important Service.

Committees of both Kingdoms.

Mr. Strode is appointed to go to the Lords with this Message; To acquaint them, that new Necessities do occur every Month, that do require the present passing of the Ordinance for continuing the Committee of both Kingdoms: And that the present passing thereof doth so much import the Safety and Preservation of the King dom, that it can admit of no Delay.

Money for Army.

Ordered, That the Committee at Haberdashers Hall do this Afternoon take Account, what is due upon the Ten thousand Pounds formerly granted to Sir Wm. Waller, by an Ordinance of the Tenth of August: And that what shall appear to be due, be forthwith paid in to Grocers Hall, for the Payment of the Debts incurred by Sir Arth. Heselrig's Engagements for the publick Service; and for the raising of Forces for recruiting of his Regiment: And that this be done with what Expedition may be, that Sir Ar. Hasselrigg may be gone to the Army.

City Petition.

Ordered, That the Petition, presented to this House on Thursday, May the Sixteenth, from the Body of the City, represented in a Common Council, and the Answer of this House unto it, be at the Request of the City forthwith printed.

Mr. Recorder is appointed to acquaint the City with this Order.

Trade with Ports in Enemy's hands.

A Declaration concerning Foreign Nations trading with the Towns and Ports in the Enemy's Hands.

Dr. Eden, * Rolle, * Solicitor, * Recorder, * Reynolds, * Lucas, * Irby, * Vassall, * Ellis, * Pelham, * White, * Gallop, * Pury, * Massam, * Hoyle, * Green, * Spurstoe, * Holland, * Bence, * Waddon, * Noble, * Corbett, * Vane jun. And are to meet this Afternoon, at Three of Clock, in the Treasury Chamber: And have Power to send for some Civil Lawyers to consult with.

Petitions to be read.

Ordered, That the Petition concerning the Earl of Mulgrave, and the Lord Sheffield; and the Countess of Darsett's Petition; be read on Wednesday next.

Coal Trade.

Ordered, That the Committee of the Navy do, To-morrow, report the Business concerning the bringing up of Coals from Sunderland, upon Letters to that Purpose referred formerly to that Committee.

A Letter from the Committee in Sunderland, of the Ninth of May, concerning the sending of Men this Summer to dig Coal, and work in the Coal Pits, was this Day read; and is referred to the Consideration of the Committee for the Navy: And it is referred to Sir H. Vane jun. to prepare a Letter in Answer to this Letter from the Committee in Sunderland, to be sent and signed by Mr. Speaker.

Persons to be employed.

Ordered, That Mr. Blakiston do, To-morrow, bring in the Names of Gentlemen fit to be employed.

Howland's Petition.

Ordered, That the humble Petition of Sir Jo. Howland of Stretham, in the County of Surry, desiring Leave to go to the Spawe, be referred to the Consideration of the Committee at Haberdashers Hall; to consider what he has done upon the Propositions, Fifth, and Twentieth Part, or other Ordinances for Payments to the Publick; and to report their Opinions, whether it be fit to grant the Petition.

Message from Lords.

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

The Lords do agree to the Letter to be sent to my Lord General, with the Alteration of the Subscription; viz. to make it " Your Lordship's very loving Friends, and Servants:" They likewise sent down Two Letters, sent from the Leaguer near Yorke, of May the 16th; the one from the Earl of Lyndesay, in the Name of the Scotts Committee; the other from the General the Earl of Leven.

The Amendment was read; and agreed unto.

Answer.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to the Alteration in the Subscription.

Payment to Barry.

Ordered, That the Committee for the King's Revenue, do pay unto Sir James Barry, lately a Judge in Ireland, and fled hither for Relief, and in Distress, by such convenient Payments as the Affairs of that Committee will permit, and may supply his Necessities, the Sum of One hundred Pounds.

Leave of Absence.

Ordered, That Sir Chr. Wray have Leave to go into the Country, to stay for Three Weeks or a Month.

Dixwell's Petition, &c.

Ordered, That the humble Petition of Elizabeth Dixwell, Widow, late Wife of Colonel Mark Dixewell of Folkeston, in the County of Kent, deceased, be referred to the Committee of the King's Revenue; to take it into Consideration for the Petitioner's Relief; and to prepare a Declaration concerning the Disposal of the Wardships of such Persons whose Parents shall die in the Service of the Parliament.

Archbishop of Canterbury.

Ordered, That the Petitions of the Archbishop of Canterbury be referred to the Committee of Lords and Commons for Sequestrations, to appoint and order him a convenient Allowance for his Subsistence, out of the Revenue of the Archbishoprick.

Westminster Petition.

Ordered, That the humble Petition of the Sub Committee for the Militia, and of the Inhabitants of the City of Westminster, whose Names are subscribed, this Day read, be referred to the Committee for Examinations; to consider what is fit to be done upon it: And Mr. Sam. Browne, and Mr. Maynard, are added to this Committee, as to this Business.

Payment for Powder, &c.

Ordered, That the Committee for the King's Revenue do, out of the next Monies that shall come in out of Lancashire, pay unto Mr. Asheton and Mr. Asheherst Three hundred Thirty-eight Pounds Six Shillings, for Powder and Ammunition, taken up by the said Committee, of private Merchants, for the publick Service.

Maimed Soldiers.

Ordered, That the Committee of Revenue do advance and lend, to the Treasurers for the maimed Soldiers, One hundred Pounds, to be repaid out of the next Monies that shall come in for the Relief of maimed Soldiers.

Leave of Absence.

Ordered, That Mr. Broxholme shall have Leave to go into the Country, and to stay for Three Weeks or a Month, upon his Occasions.

Harrington's Petition.

Ordered, That the Petition of Sir James Harrington be referred to the Consideration of the Committee for the King's Revenue.

Committee of both Kingdoms.

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

The Lords have returned this Ordinance concerning the continuing of the Committee of both Kingdoms; to which they do agree, with the Amendments and Alterations herewith returned.

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

Answer from Lords.

Mr. Ashherst brings Answer, That to all the Messages carried up by him, the Lords will send Answer by Messengers of their own.

Colonel Farrer.

Ordered, That the Business concerning Lieutenant Colonel Farrer, be referred to the Examination and Consideration of the Committee for the West.

Debts for Customs.

Whereas the several Merchants mentioned in a Schedule hereunto annexed, do owe divers Sums of Money upon Bonds, and otherwise, for Customs, in the time of the late Commissioners of the Customs; It is Ordered, by the Commons assembled in Parliament, That Colonel Randol Manwarring, by himself or his Deputies, Richard Charnock, and George Charnock, or either of them, in pursuance of a former Order of this House, directed to the said Colonel Manwaring, of the Twentieth of May, 1643, do forthwith, by Seizure or Distress, levy such Monies, out of the respective and several Estates of the said Merchants, as are so indebted as aforesaid: And, in case no such Distress or Distresses shall or may be found, that then they, or either of them, are hereby further authorized and required to apprehend, and keep in safe Custody, the Bodies of such Persons as shall refuse to pay and satisfy their said several Sums so due by them, as aforesaid, until they shall satisfy their respective Debts: For which Purpose all Colonels, Lieutenant Colonels, Serjeant Majors, Captains, Mayors, Sheriffs, Bailiffs, Constables, and all other Officers, and Soldiers of the Trained Bands, and other his Majesty's Subjects, are hereby required to give such Aid and Assistance unto the said Colonel Manwaring, Richard Charnock, and George Charnock, or either of them, as shall be necessary for the better Execution of this Order: And for so doing they, and every of them, shall be saved harmless, and indemnified.

Lancaster &c. Forces.

Whereas the Receipts of the Excise, in the several Counties of Lancaster and Chester, are granted for and towards the Payment of the Garisons and Forces of those Counties; It is hereby Ordered and Declared, by the Lords and Commons in Parliament assembled, That the Receipt or Receipts, under the Hand of Sir Wm. Brereton Baronet, for the Use of the Forces within the said County of Chester; and the Receipt or Receipts of any of the Deputy Lieutenants within the said County of Lancaster that are Members of the House of Commons, under any Two of their Hands, for the Use of the Forces of the said County of Lancaster, shall, from time to time, be a sufficient Discharge unto the said Commissioners of Excise, for so much Monies as shall be paid by their Sub Commissioners within the said Counties of Lancaster and Chester, as aforesaid, until both Houses take further Order.

Attorney General.

Upon the humble Petition of the Officers and Clerks belonging to the Courts of Common Law now sitting at Westminster, that the Course and Proceedings of the Common Law are now greatly obstructed by the Absence of the Attorney General; who, by his Place, is to attend the said Courts, to do several necessary Acts in divers Causes now depending, or hereafter to be commenced, betwixt his Majesty and private Persons; as, namely, for granting his Warrant to the Cursitors to make Writs of Errors, for Reversal of Outlawries in his Majesty's Court of King's Bench for Persons outlawed for Offences of a small Nature, being the ancient Course of that Court; as also for exhibiting Informations for Offences of several Natures; and likewise Informations of Quo Warranto; and for his Warrants for Nisi Prius and Tales; amongst divers other necessary Acts, which may be done by the Solicitor General, as by the Attorney General; and lately have been done by his Majesty's Solicitor General, in the Absence or Vacancy of the Attorney General: For Redress of the said Obstructions, it is this Day Declared and Ordained, by the Lords and Commons now assembled in Parliament, That Oliver Saint John Esquire, his Majesty's now Solicitor General, be authorized and required, and is hereby authorized and required, to do and execute, from time to time, all and every the Matter and Things before-mentioned; with such other necessary Acts belonging to the said Places of Attorney, or Solicitor General, as may and shall be requisite for the Expedition of the Proceedings of the said several Courts at Law. And this Ordinance is to continue till both Houses of Parliament shall otherwise direct. And all Judges and Justices of either Bench, Barons of the Exchequer, Clerks, and other Officers, are hereby enjoined and required to yield Obedience to all Warrants, and other Acts, touching the Promises, as shall be issued forth from the said Solicitor General, in as full and ample Manner as if they had been issued forth by the Attorney General.