House of Commons Journal Volume 3: 28 September 1644

Pages 641-643

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 Sabbati, Septembris 28, 1644.


Person committed.

RESOLVED, &c. That Colonel Smyth, committed to Prison for levying actual War against the Parliament and escaped, and since taken, be forthwith committed Prisoner to the Tower, upon High Treason, for levying actual War against the Parliament.

Military Affairs.

A Letter from Colonel Edw. Massie, Governor of Gloucester, from Tidnam, relating his taking the Work and Fortifications at Beachley, that commanded the Rivers of Seacerne and Wye, and in them One hundred and Eleven Prisoners; and desiring Support and Supply for his Horse and Foot; was this Day read; and ordered to be referred to the Consideration of the Committee of both Kingdoms, to settle and make up the Differences that are between the Governor and the Committee there.

Resolved, &c. That the Committee of Lords and Commons for Advance of Monies at Haberdashers Hall, do forthwith issue and pay Five hundred Pounds, upon Account, to the Members of this House, that are of the Committee of Gloucester, or such as they shall appoint to receive the same, to be sent immediately to Colonel Massie, upon Account, towards the Payment of the Forces under his Command.

The Lords Concurrence to be desired herein.

Gloucester Assessment.

An Ordinance for a weekly Assessment in the County of Gloucester, and City and County of the City of Gloucester, was this Day read the Second time; and, upon Question, passed; and assented unto; and ordered to be sent unto the Lords for their Concurrence.

Money for Army.

Ordered, That the former Order for paying of the Arrears of the weekly Assessments, as they come in, to Mr. Trenchard, for the Payment of the Five thousand Pounds assigned to Sir Wm. Waller, be revoked, and made void; the said Five thousand Pounds being satisfied out of the Excise.

Ordnance for Poole, &c.

Ordered, That the Committee of Parliament for the Safety of the Isle of Wight, and other Commanders and Officers there, whom it may concern, do, upon Sight of this Order, deliver unto Captain Scutt and Captain Hardinge, Eight Pieces of those Ordnances formerly sent unto that Island; Four of which Pieces are for the Use and Defence of the Town and Garison of Poole; the other Four are for the Furnishing of the Castle or Blockhouse called Brownsea Castle, in or near the Isle of Purbeck: And the Receipt of the said Captain Scutt and Captain Harding, or either of them, together with this Order, shall be a sufficient Warrant and Discharge unto the said Committee, or unto any other Person whom it shall concern, for the said Eight Pieces of Ordnance, and Provisions thereunto belonging.

Army Affairs.

A Letter from my Lord General, from Portesmouth of Septembris 26 1644; and Two Letters inclosed.

Resolved, &c. That it be referred to the Committee of both Kingdoms, to direct the Forces raised by the City, and now upon Advance, to join with the Earl of Manchester and Sir Wm. Waller's Forces, or either of them, as they shall see Cause.

Ordered, That it be referred to the Committee of both Kingdoms, to give Order and Directions to these Forces, when they are joined, in Matter and Point of Command, that they may be preserved together in Unity and good Agreement, for the best Advantage of the publick Service.

Ordered, That the Committee of both Kingdoms do write unto the Earl of Manchester to advance with all Diligence into the West, according to former Directions.

Ordered, That it be referred to the Committee at Haberdashers Hall, to make what Contract they shall think fit concerning some Goods and Estate, informed of to the House, shall be discovered to them: And that they take Order the Goods may be inventoried; and that, of the Proceed of them, Two thousand Pounds may be employed for my Lord General's Army.

Preacher appointed.

Ordered, That Mr. Blakiston do desire Mr. Woodcock to preach the next Fast Day before the Commons; Mr. Gattaker, formerly appointed to preach, by reason of Infirmity, and Weakness of Age, desiring to be excused.

The Assembly.

Resolved, &c. That Sir Wm. Massham be added to the Assembly, in the Place of Sir Tho. Barrington, deceased.

The Lords Concurrence to be desired herein.

Savile's Pay.

Ordered, That the Committee at Goldsmiths Hall do forthwith advance unto Sir Jo. Savile, a Captain of Horse and Dragoons, and a Colonel of Foot, a Month's Pay for himself, upon Account, out of the Monies raised there, and designed for my Lord Fairefaxe his Army.

Money for Plymouth.

Ordered, That all Monies collected or received for the Use of Plymouth, shall be disposed of and employed for such Uses, as by the Committee of Lords and Commons for the Safety of that Place, or any Five of them, shall be ordered and appointed: And all Collectors, Treasurers, and other Persons, who shall have any such Monies in their Hands, are hereby authorised to issue the same accordingly; and such Warrants shall be their sufficient Discharge. Provided always, that in every such Warrant at least one Lord, and Two Commoners, join in the making thereof; and subscribe their Names unto the same.

Concealed Estates.

An Ordinance for employing of concealed Estates to the Lord Fairefaxe his Army, was this Day read the First time; and ordered to be read the Second time on Monday next: And that Sir Tho. Widdrington do then report from the Committee for Yorkshire.

Bendish's &c. Delinquencies.

Three Ordinances for taking off the Sequestrations of the Estates, and of the Delinquencies, of Sir Tho. Bendish, Sir Geo. Grymes, and Mr. Rich. Williams, who have compounded for their Delinquencies, and paid in their Fines, were this Day read; and, by Vote, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence: And were carried up, among other Things, by Mr. Nicoll.

Ordinances to be reported.

Ordered, That Mr. Maynard do, on Tuesday next, make Report of the Ordinances concerning Tithes; and concerning the Prerogative Court.

Declaration concerning Macguire, &c.

A Declaration of the Proceedings of the Houses of Parliament, in the Inquiry and Discovery of the late Escape of L. Macguire and Hugh Mac Maon out of the Tower; and of their Retaking, and the Apprehending of certain Persons that have been the Abetters and Concealers of these Traitors, was this Day read; and re-committed unto the same Committee.

Sir Jo. Clottworthy is appointed to go to the Lords, to desire, That the Committee of That House, appointed to prepare this Declaration, may meet with the Committee of This House; and to give Order, That the Examinations sent over from Ireland, concerning Macquire and Mac Maon, may be delivered, to be made use of by this Committee.

Message to Lords.

Mr. Nicoll carried up to the Lords the Ordinance for Rules to the Commissioners of Excise: The Votes concerning the Lady Ellen Drake: The Ordinance and Instructions for recruiting my Lord General with Horse for Troopers, and Draughts for the Train of Artillery: The Ordinance concerning Plymouth Committee.

Prince Elector.

Motives and Reasons concerning his Highness the Prince Elector Palatine's coming into England, presented to both the Houses of Parliament by his said Highness, was this Day read; and ordered to be carried to the Lords at the next Conference: And they desired to appoint a Committee to join with a Committee of this House, to consider what Answer is fit to be given to these Reasons and Motives.

Goldsmiths Hall Report.

Ordered, That Mr. Ashe do report, on Tuesday next, from the Committee at Goldsmiths Hall.

Bishop of Canterbury.

Ordered, That Mr. Nicholas do report, on Tuesday next, the Business concerning the Bishop of Canterbury.

Colonel Butler.

Ordered, That if any Members of this House can testify any thing concerning the Examinations against Colonel Butler, and the late Disaster in the West, that they shall discover their Knowledge to the Committee appointed further to examine that Business.

Answer from Lords.

Mr. Nicholl brings Answer; The Lords agree to all the Ordinances he carried up, except to That for raising of Eleven hundred Horse.

Bendish's Delinquency.

Whereas Sir Thomas Bendish hath compounded for his Delinquency for the Sum of One thousand Pounds; and hath paid the same accordingly: It is this Day Ordained and Declared, by the Lords and Commons assembled in Parliament, That the said Sir Thomas Bendish be, and is hereby, discharged of his Imprisonment and Delinquency, and of and from all Sequestration of his Estate: And all Committees and Parties whom the same may concern, are to take notice hereof, and yield a ready Obedience hereunto. Provided that the Rents, and the Arrearages of Rents, due before his Composition to the State upon the said Sequestration, be paid in by those in whose Hands they are. And it is hereby further Ordained and Declared, That the said Sir Thomas Bendish shall have Liberty to reside with his Family in any Place within the Lines of Communication, or Twenty Miles about, so as he come not further into the County of Essex.

Williams Delinquency.

Whereas Richard Williams of Chichester Gentleman, hath compounded for his Delinquency, and paid for his Fine the Sum of Forty Pounds; It is Ordained and Declared, by the Lords and Commons in Parliament assembled, That the said Richard Williams be, and is hereby, fully discharged of his Sequestration and Delinquency, and restored to such Estate as he was formerly possessed of.

Lord Newberge.

Sir Henry Vane reports from the Committee of the Revenue, the Business concerning the Lord Newberge: Whereupon

It was Resolved, &c. That the Lord Newburgh hath been a Means to obstruct the Committee of the Revenue, contrary to an Ordinance of Parliament.

Ordered, That a Message be sent to the Lords; and that they be informed, at That Message, of the Proceedings at the Committee of the Revenue concerning the Lord Newburghe, an Assistant in the House of Peers; and of his refusing to conform, according to the Ordinance of Parliament; and that he may be enjoined to comply with the Ordinance of Parliament, or that his Estate may be sequestered: And Sir Henry Vane is to go up with this Message.

Message from Lords.

A Message from the Lords, by Sir Ro. Rich and Mr. Page;

That the Lords do agree to the Ordinance for raising Eleven hundred Horse for recruiting my Lord General, with an Addition of a Proviso: Also to the Ordinance concerning Monies given to Pawle's, with some Amendments: And do desire this House to concur with the Lords in granting a Pass for the Earl of Exeter to go beyond Seas with Five Servants; videlicet, Wm. Frith, John Ludlam, Robert Gybins, Edmond Darrell Gentlemen, and Richard Harrison; and to carry with him Fourscore Pounds Sterling, Four Trunks, and Two Portmanteaus.

Amendments agreed to.

The Amendments to both Ordinances were read; and, upon the Question, assented to.

Earl of Exeter's Pass.

Ordered, That this House doth concur with the Lords in granting a Pass to the Earl of Exeter.

Answer to Lords.

Answer returned by the same Messengers; That this House doth concur with the Lords in all the Particulars of their Message.


Ordered, That Sir Henry Vane do proceed in his Report from the Committee of the Revenue, on Monday next.

Artillery Train.

Ordered, That the Business concerning the Train of Artillery, be taken into Consideration on Monday.

Answer from Lords.

Sir John Clotworthy brings Answer; The Lords agree to the Message he carried up.

Petition relating to Ireland.

Ordered, That the Committee for examining the Manner of exhibiting the Petition of the * * for Ireland, or any Four of them, do meet: And Mr. Hill is added to this Committee.

Advance from Excise.

Whereas John Towse Esquire, Alderman of the City of London, and the rest of the Commissioners of Excise, have, for the present Service, under the Command of Sir Wm. Waller, advanced and lent the Sum of Five thousand Pounds: It is Ordained, by the Lords and Commons in Parliament assembled, That the said Commissioners shall reimburse themselves the said Five thousand Pounds, together with the Interest for the same, after the Rate of Eight Pounds per Cent. for so long time as the same, or any Part thereof, shall be forborne, out of the Monies coming in upon the Excise; either in such Intervals of Time as other Payments shall not happen to fall due; or, for want of such Intervals, then as the same shall follow in course; and shall not, by any Order or Ordinance of one or both Houses of Parliament, be excluded from reimbursing themselves accordingly: And the Receipt of John Trenchard Esquire, for the said Five thousand Pounds, shall be a sufficient Discharge to the said Commissioners in that Behalf.

Punishment of Waller.

Ordered, That those, of the Members of the House of Commons, who are of the Commissioners appointed to hear and determine Causes belonging to military Cognizance, according to an Ordinance of Parliament made the Twenty-sixth Day of August last past, shall declare to the rest of the Commissioners, at their next Sitting, That the House of Commons, having taken into their serious Consideration the State of ... Case, and Offences of Edmond Waller Esquire, now Prisoner in the Tower of London; and his Petition made unto the said House; have, upon mature Deliberation, resolved, that the said Edmond Waller, for the said Offences, shall be put to Fine, and Banishment: And that, for a Fine, he shall pay, to the Use of the Parliament, the Sum of Ten thousand Pounds: And that he be banished out of the Kingdom of England: And that there shall be no further Proceedings against him for his said Offence by the said Commissioners, or by any of them, or by any other Person or Persons whatsoever: And that an Ordinance of Parliament be brought in to the Purpose aforesaid, with such Clauses as are necessary for the perfecting the Intent of the said Resolution.

Raising Horse.

Ordered, by the Lords and Commons in Parliament assembled, That such Persons as shall be employed by the Earl of Essex, Lord General, under his Hand and Seal, shall be authorized, and have hereby Power, to raise Eleven hundred Horse; whereof Five hundred thereof to be Troopers, Six hundred Draught Horse for the Train of Artillery, within the Counties of Berks, Wilts, Dorset, Oxon, Hants, Somerset, and Devon: And such Persons as the Lord General shall appoint to raise the said Number of Horse, are to give Note, in Writing, unto each Party, from whom a Horse shall be taken, of the Value, Colour, and Mark, of the Horse; testifying likewise, that the Party is to repair unto the Committee of the County; where, upon Proof of the Value, he shall receive Satisfaction: And whosoever shall do contrary shall suffer Death: And such Persons as shall be so appointed to raise Horses, are to make Return unto the Earl of Essex, Lord General, of what Horses they have raised, and from what Parties, and in what Parishes; who is to return the same unto the Committees of the Country; (not above Two Horses to be taken out of a Team): And the Mark Master of the Army is to mark them as they are brought in: And likewise, the Commissioners of the Lord General's Army are to see these Rules observed, and to hear Complaints thereupon: And if any appointed by the Lord General, as aforesaid, to take Horses, shall take any Money for sparing of any Horses, or releasing any Horses, being taken, shall, upon Proof, be cashiered, ipso facto; and be subject to such further Punishment as the Lord General shall think fit. Provided that no Horse of any Member of either House of Parliament, or any Assistant of either House of Parliament, shall be taken, or seized upon, by virtue of this Ordinance, or any thing herein contained; any thing in this Ordinance contained to the contrary in anywise notwithstanding.