House of Commons Journal Volume 3: 26 October 1644

Die Sabbati, Octobris 26, 1644.

PRAYERS.

Information concerning Monck.

ORDERED, That the Business informed to the House, concerning Mr. Monck, be referred to the Consideration of the Committee for Examinations: Who are to examine it this Afternoon; and to report on Monday Morning.

Chain at Lambeth Horse Ferry.

The humble Petition of the distressed Inhabitants, Brewers, Woodmongers, Wharfingers, Timber Merchants, Lightermen, Carmen, &c. beyond the Old Palace Yard to Lambeth Horse Ferry, complaining, That their Passage is stopt up by a Chain, set up by the Lords Order; and, desiring it may be laid open; was this Day read: And

It is Ordered, upon Question, That a Message be sent to the Lords, to desire them to join with this House, in pulling down the Chain, and laying open the Way to Lambeth Horse Ferry.

Mr. Strode is appointed to go to the Lords, * *.

Trial of Macguire, &c.

Resolved, &c. That the Lords be desired to order, That Sir John Brampston Knight, Assistant to the House of Peers, may meet with the Judges, and be consulted with by the Members of this House, and the Counsel appointed for the Trial of Macguire and Mac Mahon.

Ordered, That Mr. Constantine be sent for to the Committee appointed for the Trial of Macguire and Mac Mahon, to be examined concerning some Examinations of the said Macguire and Mac Mahon.

Visit to Lord General.

Ordered, That my Lord Grey and Sir Nevile Poole be sent from this House to his Excellency my Lord General with a Visit, and with a Presentation of the Love and Respects of this House: And that the Lords be acquainted with the Intention of this House, to send Two of their own Members to visit my Lord General; and to desire them to send a Member of their House, if they shall think fit.

Trial of Macguire, &c.

The House being informed of the great Care of the Judges and Counsel, in the important Affair of the Trial of Macguire and Mac Mahon, especially of Serjeant Whittfield, do take Notice of it, with a Resentment of their good Endeavours in this Service.

Farneham Castle.

Ordered, upon the Question, That the Report concerning Farneham Castle in Surry be made on Monday Morning next.

Essex Ordinance.

Sir Wm. Massam reports the Amendments to the Ordinance upon the Propositions presented from the Standing Committee of Essex: The which were twice read; and assented unto; and the Ordinance, with the Amendments, passed, upon the Question; and ordered to be sent to the Lords, for their Concurrence, by Sir Wm. Massam.

Huddleston's, &c. Pass.

Ordered, That Colonel Wm. Huddleston, Mrs. Bridget Huddleston his Wife, Mrs. Isabell Huddleston his Daughter, Mary Daften, her Maid, John Huddleston, Christopher Daften, George Dodgson, John Wright, Matthew Makarell, the Colonel's Servants, Francis Horner the Drummer that came with Dr. Bastwick, shall have Mr. Speaker's Pass to go the direct Way into Cumberland; provided they go to no beleaguered Garison: And that they carry with them nothing prejudicial to the State.

Punishment of Waller.

Mr. White reports the Amendments to the Ordinance concerning the Fine and Banishment of Mr. Edmond Waller: The which were twice read; and assented unto: And the Ordinance, with the Amendments, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Ordered, That Mr. Waller shall have Liberty to go abroad with a Keeper.

Military Affairs.

Ordered, That the Letters to be sent into the several Counties, to require them to put themselves into a Posture of Defence, being signed by the Two Speakers, be sent to the Committee of both Kingdoms; and left with them to be disposed of as they shall see Cause.

Prerogative Court.

Mr. Maynard reports the Amendments to the Ordinance concerning the Constituting of a Judge of the Prerogative Court of Canterbury: The which were twice read, and assented unto; and the Ordinance, with the Amendments, ordered to be ingrossed.

Ordered, That the Ordinance concerning the Register's Place of the Prerogative Court, be read on Monday Morning next: And that then the Petition of Mr. Parker and Mr. Abbott be read.

No Quarter to Irish Rebels.

Ordered, That the Ordinance concerning the giving no Quarter to such Irish Rebels as shall be taken in Hostility, either by Sea or Land, be forthwith printed: And that it be referred to the Committee of both Kingdoms, to disperse them among the several Officers of the several Armies, Garisons, and Forts.

Advance from Excise.

An Ordinance to reimburse the Commissioners of Excise Six thousand Pounds advanced by them for the Use of the Navy, was this Day read; and, upon Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Ditto.

Mr. Green is appointed to go presently to the Commissioners of Excise, to know their Resolutions of furnishing the Two thousand Pounds for providing Victuals for the Armies; and of complying with the Order of the Committee of both Kingdoms, for the present Three hundred Pounds, which is comprehended within the former Two thousand Pounds: And he is to acquaint them of the great Necessity of taking out the whole Two thousand Pounds in Provisions for the Armies.

Answer from Lords.

Mr. Strode brings Answer, That the Lords do agree to the sending to visit my Lord General; and have appointed my Lord of Stamford to go: They do agree to the Order concerning Sir Jo. Bramston: And, as to the pulling down of the Chain, they will send Answer by Messengers of their own.

Duty on Currans.

The humble Petition of the Governor and Company of Merchants of England, trading the Levant Seas, desiring the Six Shillings the Hundred set upon Currans imported, over-and-above the Custom and Excise, might be taken off, was this Day read; and referred to the Committee of the Navy; and the Committee of Gloucester: Who have Power to hear the Turkey Company, and all other Parties concerned; and thereupon to report their Opinions, with this Declaration; That if the House shall think fit to take off the Six Shillings per Cent. now upon Currans, and granted to the Benefit of Gloucester, that a fitting Allowance shall be allotted to them, in lieu thereof.

Sheriff of Cumberland.

Resolved, &c. That this House doth nominate and approve of Thomas Lamplugh Esquire, to be High Sheriff of the County of Cumberland.

The Lords Concurrence to be desired herein.

Sheriff of Westmorland.

Resolved, &c. That Colonel Ed. Briggs Esquire be recommended unto the Earl and Countess of Pembroke, to be High Sheriff of the County of Westmorland.

The Lords Concurrence to be desired herein.

Cumberland, &c. Ministers.

Ordered, That Sir Tho. Widdrington do bring in an Ordinance concerning religious and well-affected Ministers, to be sent into the Counties of Cumberland and Westmorland.

Justices of Peace.

Ordered, That the Names of the Gentlemen recommended from the Commissioners appointed to reside in the North, for Justices of Peace, be recommended to the Commissioners of the Great Seal; to pass their Patents under the Great Seal, accordingly.

Hamilton's Petition, &c.

Sir Gilbert Gerard reports, from the Committee of both Kingdoms, The humble Petition of Sir Fred. Hamilton Knight and Colonel; and likewise a Letter of Recommendation of his Business, from the House of Commons at Edenburgh, of Septembris 7, 1644: The which were read.

He likewise reported from the Committee, from the Lord Wariston and Mr. Jo. Crew, of Octobris 25.

Examining Col. Were.

Ordered, That the Committee of both Kingdoms do forthwith send for Colonel Were, to be examined, according to former Order.

Houses for Trevilian, &c.

Ordered, That it be recommended from this House to the Committee for Sequestrations in Westminster, to provide a House furnished for Mr. Trevilian, a very well affected Gentleman of the County of Devon, who has lost all for his good Affection and Service to the Parliament: And Mr. Wheler is desired to take care herein.

Ordered, That it be referred to the Committee for Sequestrations at Campden House and Westminster, and they are hereby desired and required, to accommodate Captain Wm. Parsons, a Commissioner from the Protestants in Ireland, and despolled of all he had there, with Houshold-stuff convenient for the Furnishing of an House, for him and his Family to dwell in.

Hamilton's Petition.

Ordered, That the Petition and Letter represented from the Committee of both Kingdoms, concerning Sir Frederick Hamilton, be taken into Consideration on Monday Morning next.

Message to be considered.

Ordered, That the Message sent from the Lords on Monday last, be taken into Consideration on Monday Morning next.

Farthing Tokens.

Ordered, That the Serjeant at Arms do appoint a Servant, to take the Names of the Women that come hither about the Business of Farthing Tokens; and the Places of their Habitations; and their Desires.

Reformadoes.

Ordered, That Mr. Green do desire the Commissioners of Excise to furnish the Thousand Pounds long since appointed, to the Reformadoes: And that he know of them their Obstructions in that Business, if any be.

Sir F. Hyde's Chamber, &c. in the Temple.

Ordered, That Robert Reynolds Esquire, a Member of the House of Commons, shall have the Chamber and Books and Manuscripts of Sir Edward Hyde's, in the Middle Temple, London: And that the Benchers of the said Middle Temple be hereby required, forthwith to admit the said Robert Reynolds into the said Chamber, in usual Manner, to all Intents and Purposes, without paying any Fine or Fee.

Exchange of Prisoners.

Ordered, That this House doth approve of the Exchange of Mr. Adrian Mayo, taken at Sea, and a Prisoner to the Parliament, for Mr. Carew, and Five others, taken Prisoners by a Shallop belonging to Portland Castle, and there kept Prisoners: And it is left to the Earl of Warwick, to perfect the Change accordingly.

Advance from Excise.

Whereas John Towse, Alderman of the City of London, and the rest of the Commissioners of Excise, and New Impost, have advanced and lent the Sum of Six thousand Pounds for the Use of the Navy: Be it Ordained, by the Lords and Commons assembled in Parliament, That the said Commissioners of Excise shall satisfy and reimburse themselves the said Six thousand Pounds, together with 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 such Intervals of Receipts of Monies, upon the Office of Excise of Flesh, Victual, and Salt, as shall happen when other Payments shall not fall due; or, for want of such Intervals, then as the Reimbursement thereof shall follow in Course; and shall not, by any other Order or Ordinance of one or both Houses of Parliament, be debarred from satisfying themselves accordingly: And the Receipts of Sir Henry Vane junior, Knight, Trea surer, of the Navy, shall be a sufficient Discharge for the said Six thousand Pounds to the said Commissioners in that Behalf.

Banishment of Waller.

An Ordinance of Lords and Commons, assembled in Parliament, for the Fining and Banishment of Edmond Waller Esquire;

Whereas it was formerly intended, That Edmond Waller Esquire, now Prisoner in the Tower of London, should be tried by the Commissioners appointed for the Hearing and Determining of Causes belonging to Military Cognizance, according to an Ordinance of both Houses of Parliament, made the Twenty-sixth of August last past: And whereas, since, upon further Consideration, and mature Deliberation had of and concerning him, and his Confessions of the Offence for which he stands committed, and of his Petition on his Behalf, preferred the Three-and-twentieth of September last, it hath been, and is thought convenient, by the Lords and Commons in Parliament assembled, that he be put to the Fine of Ten thousand Pounds, and Banishment; and that he be not further proceeded against before the said Commissioners, or otherwise put to further Question, concerning the said Offence: And whereas the said Edmond Waller hath thereupon paid and satisfied, to the Use of the Parliament, the said Sum or Fine of Ten thousand Pounds (of which he stands hereby fully acquitted and discharged): Be it therefore Ordained and Established, by the said Lords and Commons assembled in Parliament, That the said Edmond Waller shall from henceforth stand and be a Person banished out of the Realm of England, and the Dominion of Wales; and shall be and stand, from and after the Sixth Day of November next coming, wholly discharged and freed from his Imprisonment aforesaid; and shall, within Eight-and-twenty Days after his Discharge of Imprisonment, go out of, and leave the said Realm of England; and thenceforth shall continue and remain under, and in the Condition of, such Banishment as aforesaid, not to return into the said Realm or Dominion, without the Consent of both Houses of Parliament: And if he shall return into the said Realm or Dominion, without such Consent, he shall incur such Punishment for the same as both Houses of Parliament shall think fit. And it is further also Ordained and Established, by the Authority aforesaid, That there shall be no further Proceeding whatsoever against the said Edmond Waller, by the said Commissioners, or by any of them, or by any other Person or Persons whatsoever, for or by reason of his said Offence, or of any thing concerning the same: And that the Sequestration of his Estate, and of every Part thereof, be wholly taken off, and hereby is wholly taken off, and discharged, from the said Three-and-twentieth Day of September last.

Beare's Chamber in the Temple.

Ordered, That Robert Nicholas Esquire, a Member of the House of Commons, shall have the Chamber of Mr. George Beare, in the Middle Temple, London: And that the Benchers of the said Middle Temple be hereby required forthwith to admit the said Robert Nicholas into the said Chamber, in usual Manner, to all Intents and Purposes, without paying any Fine or Fee.

Collection for Prisoners.

Whereas Almighty God, of his Goodness, hath been pleased to give unto our Forces in the North, so great Victory against our Enemies in Newcastle; for which the Houses of Parliament have appointed To-morrow, the Twenty-seventh of this Instant, for a Day of Thanksgiving unto God for so great a Mercy: And whereas many Soldiers of the Parliament are in divers Parts of the Enemies Quarters taken Prisoners, and many of them in very great Want of Necessaries to preserve Life, during their Restraint: It is therefore Ordered, by the House of Commons, That there be a Collection made for them Tomorrow, in all the several Churches in London and Westminster, and within the Lines of Communication; and the Money so collected, to be paid unto Colonel Randall Manwaring, Colonel Francis West, and Major Edward Basse; and by them to be disposed of, as the House of Commons, or his Excellency, shall order.