House of Commons Journal Volume 3: 24 October 1644

Pages 674-676

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 Jovis, Octobris 24, 1644.


Prince Elector.

RESOLVED, &c. That the Prince Elector Palatine shall have Liberty, during his Abode in England, to go to the Assembly; and to sit, and be a Hearer there.

Sir Anth. Irby is appointed to desire the Lords Concurrence herein.

Fairefaxe'e Wardship.

An Ordinance for discharging of Wm. Fairfaxe, Son and Heir of Sir Wm. Fairfaxe, lately slain in the Parliament's Service, of all Composition for Wardship, &c. was this Day read the First and Second time; and, upon Question, passed; and ordered to be sent unto the Lords for their Concurrence; and to be carried up by Sir Jo. Wray.

Serjeant Hide's Chamber in the Temple.

Ordered, That Mr. Niclas, a Member of this House, shall have the Chamber late of Mr. Serjeant Hide's, in the Middle Temple: And that the Benchers of the said House be hereby required to admit the said Mr. Niclas into the said Chamber in usual manner, to all Intents and Purposes, without paying any Fine or Fee.

Yorke Gaol.

A Letter from Yorke, of the Eleventh of October, 1644, from Sir Math. Boynton, the Sheriff of Yorkeshire, was this Day read; desiring, that he might chuse some convenient Place in Yorke for to keep his Gaol in: And

It is Ordered, That Sir Tho. Widdrington do prepare a Letter to be written from Mr. Speaker, in Answer of this Letter, to be directed unto my Lord Fairefaxe, the Lord Mayor of Yorke, the Sheriff, and other the Gentlemen and Committees there.

No Quarter to Irish Rebels.

An Ordinance, declaring, That no Rebel of Ireland, taken in Arms by Sea or Land, shall have Quarter, was this Day read the First and Second time; and, upon Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Mac Moyler, a Prisoner.

The Draught of a Letter to be sent to the Lord Fairefaxe, concerning Lieutenant Colonel Mac Moyler, his Prisoner, was likewise read; and, upon the Question, assented unto.

Trial of Macguire, &c.

Ordered, That all the Judges be consulted with by the Counsel appointed to manage the Evidence at the Trial of Macguire and Mac Mahon, about the said Trial; to the end that the said Macguire and Mac Mahon may be brought to a speedy Trial and Judgement.

Ordered, That the Lords Concurrence be desired in appointing the Judges to be consulted with; and Mr. Serjeant Whitfield to attend the Service of the Trial of Macguire and Mac Mahon.

Message to Lords.

Mr. Reynolds is appointed to carry up to the Lords the Ordinance declaring no Quarter to be given to any Rebel of Ireland: The Order appointing the Judges to be consulted with upon the Trial of Mac Mahon and Macguire: The Order concerning the Prince Elector's coming to the Assembly: The Orders, made Octobris 17, concerning consulting with the Scotts Commissioners upon any Doubts or Objections, as shall arise in either House, upon Consideration of any thing propounded concerning the Scotts Armies in England or Ireland.

Message from Lords.

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

That the Lords have sent down the Ordinance concerning Middlesex, for the Defence of that County; which they agree unto, with a small Amendment: Likewise, they have sent down the Ordinance concerning the Captives of Argire, with some little Amendment: And desire the Concurrence of this House in both: And likewise have sent down an Order for the Prince Elector to sit in the Assembly of Divines, to hear the Debates.

The several Amendments and Order were read; and, upon the Question, assented unto.


Answer returned by the same Messengers; That this House has considered their Lordships Message; and do agree unto all the Particulars of the said Message.

Prince Elector.

Ordered, by the Lords and Commons in Parliament assembled, That the Prince Elector his Highness may, at his Pleasure, come to the Assembly of Divines, to hear the Debates there, from time to time, when and as often as his Highness shall think fit.

Foreign Ambassadors.

Ordered, That Mr. Speaker shall receive no Message from any Foreign Ambassador, or Publick Minister, to be communicated to the House of Commons, but what shall be sent down in Writing, and attested under the Hand of such Ambassador or Publick Minister.

Church Government.

Ordered, That Mr. Tate and Mr. Sallwey do desire the Assembly of Divines to speed the Directory for Worship; and to send it hither: And likewise, if there be any thing else ready concerning Church Affairs, to send it hither.

Answer from Lords.

Mr. Reynolds reports, That the Lords do agree to all the particular Messages carried up by him.

Officers Widows.

Upon the humble Petition of the distressed Widows that have lost their Husbands in the Service of the Parliament;

It is Ordered, That Sir Gilbert Gerard and Mr. Green do move the Commissioners of Excise for the Advancing of Two thousand Pounds forthwith for their Relief.

Scotch Reformadoes, &c.

Ordered, That the humble Petition of divers Scottish Officers Reformadoes, whose Names are subscribed thereto, now read, making a Proposition for Payment of Monies due unto them; and of an Advance of Five hundred Pounds in ready Money to the State; be referred to the Committee at Goldsmiths Hall: Who are to consider of the same; and make Report thereof to the House. And

It is further Ordered, That the Five hundred Pounds to be advanced in ready Money (if the Proposition be approved of) shall be disposed of to the Lady Fairfax, the Widow and Relict of Sir Wm. Fairfax, who lost his Life in the Service of the State; for the better Subsistence of the said Lady, and her Children, being in great Necessity.

Suffolk Committee, &c.

Resolved, &c. That Mr. John Branlyn, Mr. Robert Duncon, and Mr. Peter Fisher, be added to the Committee for the County of Suffolk; and also to the Committee for the Town of Ipswich; and also that they be added to the Deputy Lieutenants for the Town of Ipswich.

Stanhop Parsonage.

An Ordinance whereby John Benwick Master of Arts, a godly, learned, and orthodox Divine, is to have and enjoy the Parsonage of Stanhop, in Wardale in the County Palatine of Duresme, being void by the Death of Evers Gower, was read; and, upon the Question, assented unto; and ordered to be sent to the Lords, for their Concurrence; the Assembly of Divines having certified of his Sufficiency.

Forasmuch as the Parsonage of Stanhope, in Wardale in the County Palatine of Duresme, is lately become void, by the Death of Ewers Gower, late Incumbent thereof; and that the next Presentation thereof doth belong to Dr. Morton Bishop of Duresme; The Lords and Commons, in this present Parliament assembled, to the end the said Parish and Church may be supplied with a learned, godly, and orthodox Divine, have Ordered, Ordained, and Appointed, and hereby do Order, Ordain, and Appoint, Mr. John Bewick Master of Arts (he being approved of by the Reverend Assembly of Divines) to be Minister of the said Church and Parish of Stanhope, in Wardale in the said County Palatine of Duresme: And that he shall and may have, hold, possess, and enjoy the said Parsonage, and the Parsonage House, with the Appurtenances, and all Glebe, Lands, Tythes, Rents, Stipends, Portions, Profits, and Commodities whatsoever to the said Parsonage or Parish Church belonging or appertaining, in as large and ample Manner, to all Intents and Purposes, as the said Mr. Gower, the late deceased Minister thereof, or any other former Incumbent thereof, lawfully, and of Right, hath, had, or ought to have had the same.

City Propositions.

Ordered, That the Committee appointed to consider of the City Propositions, do peremptorily meet this Afternoon: And they are likewise peremptorily enjoined to make Report thereof To-morrow Morning to the House.

Propositions for Peace.

Sir Henry Vane junior reports from the Committee of both Kingdoms, their Answer and Opinions upon the Alterations made by this House to the Propositions for a safe and well-grounded Peace, since they were last reported from that Committee: And, as to the Alteration made by this House in the Preamble, instead of " We Your Majesty's loyal Subjects, the Lords and Commons, &c." they desire it may run thus, "We Your Majesty's loyal Subjects, assembled in the Parliaments of both Your Kingdoms."

The Alteration in the Ninth Proposition agreed to by them.

In the Eleventh Proposition, the Alterations agreed unto; with This desired by the Commissioners of Scotland, "That it be considered, that nothing be in the Bills for Religion, which may be contrary to the Covenant, or the Reformation and Uniformity to be settled."-

Resolved, &c. That this House doth adhere to the Filling up of the Blank in the Eleventh Proposition, as it went from hence; in regard the Reformation and Uniformity desired is already provided for in one of the Propositions, to which this can be no Prejudice; but will hereafter be regulated, as the said Reformation and Uniformity shall be thought fit to be settled.

This Answer is to be returned to the Commissioners of Scotland, as to this Desire of theirs, by Sir Hen. Vane junior.-

In the Fourteenth Proposition, the Filling up of the First Blank agreed to: And the Omission made by the House of the Fourth Qualification agreed to.

The Fifth, Seventh, and Eleventh Qualifications agreed to as they were altered by the House.

The Alterations made by the House in the Fifteenth and Sixteenth Propositions agreed to.

In the Seventeenth Proposition, the First Branch, instead of the Words, "except it be in such Cases as "shall be provided for by both Houses of Parliament," the Committee desires it may run thus, "to the Disturbance of the publick Peace of the Kingdoms."

The House agrees to this Alteration, inserting this Clause twice in the said Branch.

In the Second Branch the Alteration agreed to.

In the Second Branch of the Second Head of the Power to be given to the Commissioners, the Alteration agreed to.

The Nineteenth, Twentieth, and Two-and-twentieth Propositions agreed to, as they were altered by this House. The Conclusion agreed to, as it was brought from this House.

Ordered, That the Propositions for a safe and wellgrounded Peace be ingrossed; and carried up to the Lords To-morrow, at a Message, by Sir Hen. Vane junior: And the Lords desired to expedite them.

No Quarter to Irish Rebels.

The Lords and Commons assembled in the Parliament of England, do Declare, That no Quarter shall be given hereafter to any Irishman, nor to any Papists whatsoever, born in Ireland, which shall be taken in Hostility against the Parliament, either upon the Sea, or within this Kingdom, or Dominion of Wales; and therefore do Order and Ordain, That the Lord General, Lord Admiral, and all other Officers and Commanders, both by Sea and Land, shall except all Irishmen, and all Papists born in Ireland, out of all Capitulations, Agreements, or Compositions hereafter to be made with the Enemy; and shall, upon the Taking of every such Irishmen, or Papists born in Ireland, as aforesaid, forthwith put every such Person to Death. And it is further Ordered and Ordained, That the Lord General, Lord Admiral, and the Committees of the several Counties, do give speedy Notice hereof to all subordinate Officers and Commanders by Sea and Land respectively; who are hereby required to use their utmost Care and Circumspection, that this Ordinance be duly executed. And, lastly, the said Lords and Commons do Declare, That every Officer and Commander, by Sea or Land, that shall be remiss or negligent in observing the Tenor of this Ordinance, shall be reputed a Favourer of that bloody Rebellion of Ireland; and shall be liable to such condign Punishment, as the Justice of both Houses of Parliament shall inflict upon him.