House of Commons Journal Volume 3: 15 July 1644

Die Lunæ, Julii 15, 1644.

PRAYERS.

Newport Pagnall Garison.

THE Copy of a Letter to be sent to the respective Counties contributory to Newport Pagnall, to require them to send in their Proportions of Money due by them to the Garison of * *

Pixe Money.

Ordered, That the Commissioners of the Great Seal, that are Members of this House, and the Committee of the Revenue, do join as a Committee, with the Earl of Kent, and Earl of Bolingbrooke, for the taking of the Examination and Trial of the Pixe in the Tower of London: And are to meet this present Monday, being the Fifteenth of this Instant July, by Eight of the Clock in the Morning, in the usual Place near the Star Chamber.

Reducing Worcester.

An Ordinance for reducing the County and City of Worcester to the Obedience of the King and Parliament was this Day read the First time; and ordered to be read the Second time.

Transporting Horses.

Ordered, That Monsieur La Fierte;, late Ambassador in this Kingdom, shall have Mr. Speaker's Warrant to transport Six Horses, for his own proper Use, beyond Seas.

Nominating Sheriffs.

Resolved, &c. That this House doth nominate and approve of Sir Jo. Horner Knight, to be High Sheriff of the County of Somersett.

Resolved, &c. That this House doth nominate and approve of John Luttrell Esquire, to be High Sheriff of the County of Devon.

Resolved, &c. That this House doth nominate and approve of Jo. Saint Aubin Esquire, to be High Sheriff of the County of Cornewall.

Resolved, &c. That this House doth nominate and approve of the Lord Robarts, to . . Lord Lieutenant of the County of the City of Exon.

The Lords Concurrence to be desired in all these.

Message to Lords.

Sir Rob. Pye carried them up; and the Order for Two thousand Pounds to the Town of Southampton, out of the first Monies that come in from the Committee of Accompts; and the other Messages appointed on Saturday, to be carried up by Sir Robt. Harley.

Duty on Coals.

Resolved, &c. That Four Shillings a Chaldron, Sunderland Measure, being after the Rate of Two Shillings a Chaldron, London Measure, or thereabouts, shall be laid upon all Coals to be shipped and transported from Port to Port.

This Imposition to continue for Six Months.

Langley's &c. Collieries.

Resolved, &c. That Sir Wm. Langley, Mr. Geo. Grey, Mr. Geo. Lilbourne, and all other well-affected Persons in the like Condition, shall be restored to the Possession of their Collieries, Coals, and all things incident thereunto, according to their respective Interests, which they had before the Enemy had the same in their Power: And that they have Restitution for their Coals sold by the Commissioners, out of Delinquents Estates.

Coal Trade.

Resolved, &c. That no Coal, Sunderland Measure, shall be sold there at above Fourteen Shillings the Chaldron, the best, and Twelve Shillings the Chaldron the worst, to be delivered at the Ship Side: These Rates to continue Six Months.

Resolved, &c. That no Coal shall be transported beyond Seas, without the Leave of the Houses of Parliament, upon Pain of Forfeiture of Ship and Coals.

Delinquents Collieries.

Resolved, &c. That Sir Wm. Langley, Mr. Geo. Grey, and Mr. Geo. Lilbourne, shall take the Delinquents Collieries in Sunderland to Lease, if the Committee of the Parliament there shall think fit; and employ them, and work them, unless other well-affected Gentlemen of the Country shall offer to take them, and to work them.

Ordered, That it be referred to the Committee of the Navy, to contract in Writing with Sir Wm. Langley, Mr. Geo. Grey, and Mr. Geo. Lilbourne, upon the aforesaid Articles, for the better carrying on and transacting the Business of the Collieries of Sunderland, and transmit the said Contract in Writing to the Committees of Parliament in Sunderland.

Prisoners.

A Letter from Basingstoke, of July 11th, 1644, from the Committee there, concerning Sir Rich. Norton, sent up a Prisoner.

Resolved, &c. That Sir Rich. Norton shall be forth-with committed Prisoner to the Lord Petre's House; there to remain during the Pleasure of the House.

Resolved, &c. That the Governor of Poole be required to send up Mr. Constantine, Sir James Hastings, and Mr. Hanham jun. Prisoners, in very safe Custody, to this House.

Resolved, &c. That the Governor of Gloucester be desired forthwith to send up Mr. Dutton and Mr. Lowe to this House.

Resolved, &c. That the Governor of Malmesbury be required forthwith to send up, in safe Custody, Mr. Haye, a Prisoner at Malmesbury.

Plymouth, Garison, &c.

A Letter from the Governor of Plymouth, of July 3, 1644, concerning Major Drake; and the Supply of Necessaries for that Garison, was this Day read: And

It is Ordered, That the whole Letter, as well to the Consideration of Supplies, as to the Consideration of Major Drake, be referred to the Committee for Plymouth.

Sir Jo. Hotham, &c.

Three Letters, Two from Sir Jo. Hotham the Father, One from Jo. Hotham Esquire the Son, to the Earl of Newcastle, found and seized in his Coach at the late great Defeat of Prince Rupert's and the Earl of Newcastle's Forces, were all this Day read; and ordered to be delivered to Mr. Millington, who has all other Papers and Evidences against them: And were all delivered unto him.

Martial Law.

Mr. Ellis reports the Ordinance for a Commission of Martial Law: The which was read, with some Amendments; and, by Vote upon the Question, assented unto.

Canterbury's Trial.

A Message from the Lords, by Serjeant Whittfield and Sir Edw. Leech;

The Lords have put off the Trial of the Bishop of Canterbury till Wednesday next, at Nine of Clock.

Ordination.

Ordered, That the Grand Committee of the whole House do meet on Friday Morning next, upon the Rules from the Assembly of Divines concerning Ordination.

Earl of Holland, &c.

Mr. Holles is appointed to go to the Lords, to acquaint them, that this House does agree to the taking off the Sequestration of the Estate of the Earl of Holland, and the Earl of Clare.

Earl of Westmerland, &c.

Ordered, That the Report concerning the Earl of Westmerland, and such other as are come in upon the Declaration, be made upon Wednesday Morning next.

Spanish Ambassador.

A Message from the Lords, by Serjeant Whittfield and Sir Edw. Leeche;

The Lords have received from the Spanish Ambassador, Two Papers: The which they, for their Parts, have referred to the Committee of both Kingdoms, to prepare an Answer to it: And desire, that this House would like-wise refer it in like Manner.

Resolved, &c. That this House doth concur with the Lords, in referring these Papers from the Spanish Ambassador.

Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree to refer these Papers from the Spanish Ambassador.

Guernsey and Jersey.

Ordered, That it be referred to the Committee of both Kingdoms, to write to my Lord General, and my Lord Admiral, to take some speedy Course for the Relief of Guernsey, and Recovery of Jersey.

Jersey Sufferers.

Ordered, That the Ordinance for the Relief of divers poor People expulsed the Isle of Jersey, be read on Wednesday Morning next.

Administrations.

Ordered, That the Committee concerning Administrations, do meet this Afternoon in the Exchequer Chamber.

Kent, &c. Association.

Ordered, That the Committee of the Four associated Counties of Kent, Sussex, Surry, and Hants, do meet this Afternoon.

Hertfordshire.

Ordered, That the Report from the Committee of both Kingdoms, concerning Hertfordshire, be made on Wednesday Morning next.

Martial Law.

Be it Ordained, by the Lords and Commons assembled in Parliament, and by Authority of the same, That Robert Earl of Essex, Captain General of the Forces raised by the Authority of Parliament, Algernon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke, Oliver Earl of Bullingbrook, Edward Earl of Manchester, Basill Earl of Denbighe, Philip Lord Wharton, Wm. Lord Gray of Work, John Lord Roberts, Philip Lord Lisle, Sir Wm. Waller, Sir Arthur Hasilrig, Sir John Corbett, Sir John Bampfeild, Sir Henry Heyman, Colonel Alexander Popham, Colonel Stapeley, Colonel Whitehead, Colonel Morley, Colonel Purefoy, Colonel Venne, Edward Bainton Esquire, Colonel Wm. Jepson, Colonel Alexander Rigby, Thomas Arundell Esquire, Serjeant Major General Skippon, Sir Nathaniel Brent, Dr. Thomas Eden, John Bradshaw Esquire, Wm. Steell Esquire, Sir James Harrington, Colonel Browne, Colonel West, Colonel Charles Fleetwood, Colonel Wm. Strode, Colonel Turner, Colonel Manwaring, Colonel Whitchcote, Colonel Pindar, Lieutenant Colonel Weldon, Lieutenant Colonel Underwood, Lieutenant Colonel Wilson, Major Solloway, Major Tichborne, Colonel Humfrey, Colonel Player, Colonel Prince, Colonel Harswett, Major Camfeild, * Molyns, Colonel Owen, Lieutenant Colonel Webb, * * Lieutenant Colonel Bradley, or any Twelve or more of them; whereof the said Robert Earl of Essex, Algernon Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke, Oliver Earl of Bullingbroke, Edward Earl of Manchester, Philip Lord Wharton, Wm. Lord Grey, John Lord Roberts, Philip Lord Lisle, Sir Wm. Waller, Sir Arthur Hasilrig, Sir John Corbett, Sir Henry Heymon, Colonel Alexander Rigby, Colonel Wm. Jepson, Colonel Venne, Sir Nathaniel Brent, always to be; Three shall be Commissioners: And shall have full Power and Authority to hear and determine all such Causes as belong to military Cognizance, according to the Articles in this present Ordinance mentioned; and to proceed to the Trial, Condemnation, and Execution, of all Offenders against the said Articles; and to inflict upon the Offenders such Punishment, either by Death or otherwise, as the said Commissioners, or the major Part of them then present, shall judge to appertain to Justice, according to the Nature of the Offence and Articles here ensuing.

1. No Person or Persons whatsoever shall, from hence-forth, voluntarily repair or go, from the Cities of London and Westminster; or from any other Parts of the Kingdom, under the Power of the Parliament, unto the Person of the King or Queen, or Lords of the Council abiding with him, or her, or to any Commander or Officer of the King's Army; or shall give or hold any Intelligence by Letters, Messages, or otherwise with any in Arms against the Parliament, without Consent of both Houses of Parliament, or the Committee appointed by Ordinance of Parliament for managing the War, the Lord General of the Forces raised by the Two Houses, or from the respective Officers that shall command in Chief any of the said Forces, upon Pain of Death, or other Punishment, at Discretion.

2. Whosoever hath or shall plot, contrive or endeavour the betraying, surrendering or yielding up, to the Enemy, or hath or shall, contrary to the Rules of War, surrender, yield up, or betray any Cities, Towns, Forts, Magazines, or Forces, which now are, or hereafter shall be, under the Power of the Parliament, shall be punished with Death.

3. No Person or Persons whatsoever, not under the Power of the Enemy, shall voluntarily relieve any Person, being in Arms against the Parliament, with any Money, Victuals, or Ammunition, upon Pain of Death; or shall, voluntarily and knowingly, barbour or receive any, being in Arms as aforesaid, upon Pain of Punishment at Discretion.

4. No Officer or Soldier shall make any mutinous Assemblies, or be assisting thereunto, upon Pain of Death.

5. No Guardian, or Officer of any Prison, shall willfully suffer any Prisoner of War to escape, under Pain of Death, or negligently, under Pain of Imprisonment, and further Punishment, at Discretion.

6. Whosoever shall voluntarily take up Arms against the Parliament, having taken the National Covenant, shall die without Mercy.

7. Whatsoever Officer or Commander hath or shall desert their Trust, and adhere to the Enemy, shall die without Mercy.

And it is hereby further Ordained, by the Authority aforesaid, That the said Commissioners, or any Twelve or more of them, whereof the said Robt. Earl of Essex, Algernoone Earl of Northumberland, Henry Earl of Kent, Philip Earl of Pembroke, Oliver Earl of Bullingbroke, Edward Earl of Manchester, Philip Lord Wharton, Wm. Lord Grey, John Lord Roberts, Philip Lord Lisle, Sir Wm. Waller, Sir Arthur Hasilrig, Sir John Corbett, Sir Henry Heymon, Colonel Alexander Rigby, Colonel Wm. Jepson, Colonel Venne, Sir Nathaniel Brent, always to be, Three shall be authorized, from time to time, so often as they shall think fit, or shall be ordered thereunto by both or either House of Parliament, to sit in some convenient Place within the Cities of London, Westminster, or Lines of Communication; and to appoint a Judge Advocate, or Provost Martial; and all other Officers needful. And it is hereby further Ordained, That all Mayors, Sheriffs, Justices of Peace, Constables, Bailiffs, and other Officers, shall be aiding and assisting to the said Commissioners in the Execution of the Premises: And that the said Commissioners and every of them, and all and every other Person and Persons, that shall be aiding and assisting to them in the Execution of the Premises, shall be saved harmless, and indemnified, for what they shall do herein, by Authority of Parliament. Provided nevertheless, that no Member of either House of Parliament, shall be questioned or tried before the Commissioners appointed by virtue of this present Ordinance, without Assent and Leave first had and obtained of both Houses of Parliament. And be it also provided, That this present Ordinance, and the Authority hereby given and appointed to the Persons hereby nominated, shall endure and have Continuance for Four Months, from the making hereof, and until both Houses take further Order.