House of Commons Journal Volume 4: 7 August 1646

Die Veneris, 7 Augusti, 1646.

AN Ordinance for accepting the Fine of Four thousand Pounds of Charles Howard Esquire, and discharging his Lands and Estate from all Sequestrations from the First of July 1646, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Whereas it appeareth, by Certificate from the Committee of Accompts, that there is due to the Lord Fairfax, as General of the Northern Army, at Ten Pounds per diem, the Sum of Nine thousand Four hundred and Fifty Pounds: Whereas it also appeareth, by the said Certificate, that there is due to his Lordship, as Colonel of a Regiment of Foot, Two thousand One hundred Ninety-eight Pounds: Whereas it also appeareth, by the same Certificate, that there is due to his Lordship, as Colonel of a Regiment of Horse, One thousand Eight hundred Thirtyone Pounds Nineteen Shillings: In all, Thirteen thousand Four hundred Eighty Pounds and Four Shillings: Of which his Lordship hath received; as by the said Certificate appeareth, Two thousand Sixty-nine Pounds Nine Shillings Seven-pence: So there rest due to his Lordship Eleven thousand Four hundred and Ten Pounds Fourteen Shillings and Two-pence, besides what is due to his Lordship, as Governor of Hull, for One Year and a Half: And whereas his Lordship, freely, and in Consideration of the Necessities of the Kingdom, doth remit his whole Pay as Colonel of Horse, Colonel of Foot, and Governor of Hull; and desireth, That there may be allowed unto him his Pay .. a General only; which, according to the said Certificate, amounteth unto Nine thousand Four hundred and Fifty Pounds: Of which he acknowledgeth to have received, according to the said Certificate, the Sum of Two thousand Sixty-nine Pounds Fifteen Shillings and Seven-pence; the Remainder being Seven thousand Three hundred Eighty Pounds: It is Ordered, upon the Question, That the said Sum of Seven thousand Three hundred and Eighty Pounds be, by the Committee sitting at GoldsmithsHall, paid unto Ferdinando Lord Fairfax, his Assignee or Assigns, out of the first Monies that shall arise and come in upon the Fines and Compositions of Sir Edward Hussey, Sir John Mounson, and Spencer Lucy Esquire, in full Discharge and Satisfaction of the said Sum of Seven thousand Three hundred and Eighty Pounds, so certified, and demanded by the said Lord Fairfax, as aforesaid: And that the Receipt or Receipts of the said Lord Fairfax, his Assignee or Assigns, shall be a sufficient Discharge and Warrant unto the said Committee, and their Treasurer, for the Payment of the same, and every Part thereof.

It is further Ordered, That, in case the Fines and Compositions of the said Delinquents shall not arise to so much as to make Satisfaction in manner as aforesaid, that then what shall be wanting, shall be made up out of the Fines and Compositions of such other Delinquents, as the Lord Fairfax shall nominate unto the Committee sitting at Goldsmiths-Hall.

Resolved, &c. That Mr. Speaker do give unto the Lord Fairfax the Thanks of this House, for his Remitment, to the State, all the Arrears due unto him upon his Entertainment as Colonel of a Regiment of Foot, and as Colonel of a Regiment of Horse, amounting to the Sum of Four thousand Thirty Pounds and Four Shillings.

Mr. Speaker gave him Thanks accordingly.

The Question was propounded, Whether this House should declare, that their Intention is and was, That no Major-General should have any greater or further Allowance for any Employment or Office that he should bear in the Army, than the Entertainment of Ten Pounds per diem:

And the Question being put, Whether this Question should be now put;

It passed with the Negative.

Mr. Whittacre reports the State of the Examinations concerning a Pamphlet written and published by Mr. George Withers, intituled, "Justiciarius justificatus;" and concerning a Practice informed of in Mr. Withers, and one Mr. Andrewes Burrell, of accusing Sir Richard Onslow, that he sent Monies to the King at Oxon: And the several Examinations, and the Instances and Inferences out of them, were all read by the Reporter.

The humble Petition of George Wither was read; desiring further Time to prove what he suggested in his Book.

Another humble Petition of George Wither was read; expressing his Sorrow for his Error, in transgressing against the Privileges of this House.

Resolved, &c. That the Matters contained in this Book, intituled, "Justiciarius justificatus," which concerns Sir Richard Onslow, in point of Aspersion or Scandal, are not proved.

The Question was propounded, Whether the Matters contained in the Book "Justiciarius justificatus," which reflect upon Sir Richard Onslow, are false, and scandalous to Sir Richard Onslow:

And the Question being put, Whether this Question shall be now put;

It passed with the Affirmative.

Resolved, &c. That the Matters contained in the Book "Justiciarius justificatus," which reflect upon Sir Richard Onslow, are false, and scandalous to Sir Richard Onslow.

The Question being propounded, Whether the Matters contained in the Book "Justiciarius justificatus," which concerns Sir Richard Onslowe, are injurious to him;

And the Question being put, Whether this Question should be now put;

It passed with the Affirmative.

Resolved, &c. That the Matters contained in the Book "Justiciarius justificatus," which concerns Sir Richard Onslow, are injurious to Sir Richard Onslow.

The Question being propounded, That Mr. George Wither should pay unto Sir Richard Onslowe the Sum of Five hundred Pounds, for his Damages;

The Question was put, Whether this Question should be now put:

The House was divided.

The Noes went forth.

So as the Question passed with the Affirmative.

And then the Question itself being put;

It is Resolved, &c. That Mr. George Wither shall pay unto Sir Richard Onslowe the Sum of Five hundred Pounds, for his Damages.

Resolved, &c. That the Book, called "Justiciarius justificatus," shall be burned at Kingston upon Thames, and at Guildford, upon the Market-Days there, by the Marshal attending the Committee at Kingston aforesaid.

Mr. Nicoll reports, from the Committee of the West, Instructions to be observed upon the Reducement of the Brigade under the Command of Colonel-General Massy: The which were read; and, upon the Question, assented unto; and were in hæc verba;

1. "That Mr. Thomas Erle, Mr. Giles Green, Colonel Sidenham, Mr. John Trenchard, and Colonel Bingham, or any Two of them, be desired to attend the Reducing of Colonel Massie's Troops, according to such Orders as the House hath given, and such further Directions as this Committee, or the General, shall think fit to add."

2. "That the Treasurers at Wars do receive the Money, and issue it out, by Warrant from Sir Thomas Fairfax, or of such as he shall appoint in that behalf: And that the like Proportion, by the Pound, be allowed them for their Pains, as for the Army."

3. "That the Money be paid, upon a Muster to be taken by Lieutenant-Colonel Bovett, Commissary Fox, and Captain George Lissant, or any Two of them: And that they make a Return of the same unto this Committee; who will give them a sitting Allowance for their Service."

4. "That some from the Irish Committee may, by their Order, be present at the Reducement; and take on such Officers and Soldiers as will go for Ireland; and give them Imprest-Money for that Service."

5. "That the General be attended on for Directions herein."

6. "That such Officers or Soldiers as shall list themselves, and take Pay, for Ireland; and depart, without Licence, from their several Commands; shall be proceeded against according to Martial Law."

7. "That such Troopers, as refuse to list themselves for the Service of Ireland, shall bring in their Horse and Arms unto such Persons as the General shall appoint; for which they shall receive reasonable Satisfaction, according to the Goodness or Value of their Horse and Arms."

8. "That such Officers and Soldiers, as shall accept to go for Ireland, shall receive, from the Committee, Six Weeks Pay, and, at their Embarquing, One Month's Pay more, from the Irish Committee, by way of Advance, for that Service: And that such Officers and Soldiers, as shall go for Ireland, shall have their Accompts audited and perfected, and Debentures given to such Persons as shall be, by them, intrusted and authorized to prosecute the same."

An Ordinance for the Payment of the Moiety of the Excise of the Western Association to such Persons as the Committee of the West shall appoint, for Four Months, for the Pay of their Garisons and Forces, was this Day read; and, upon the Question, passed; and ordered to be sent unto the Lords for their Concurrence.

Ordered, That it be referred to the Committee of the Navy, forthwith to supply and furnish the Fort of WestTilbury with Powder, and all other Ammunition, according to the ancient Proportions.

Ordered, That Mr. Nicoll, Mr. Prideaux, and Mr. Bond, do go to the Commissioners of Excise, and earnestly press and desire them, from this House, forthwith to advance the Sum of Seventeen thousand Pounds, Part of the Sixty thousand Pounds, formerly charged, by several Orders of this House, for the Service of Ireland; this Monies, now desired to be advanced, being to be employed for the speedy Transportation of Forces for the Relief of that Kingdom; and to be paid to them at their being shipped for that Service.

Ordered, That James Bull, now Prisoner at WinchesterHouse, for the Death or Killing of one Thomas Heath, be forthwith delivered over, by Mr. Thomas Davenish, Keeper of the Prison there, unto the Marshal of the City of London, to be by him the said Marshal detained and kept in safe Custody, until the House take further Order.

Resolved, &c. That the House shall be adjourned until Tuesday Morning next, at Eight of Clock. And

The House was adjourned accordingly.