House of Commons Journal Volume 3: 7 October 1643

Die Sabbati, 7 Octobris, 1643.

PRAYERS.

Army Supply.

IT is this Day Ordered, by the Commons House of Parliament, That such Persons as shall advance Eight thousand Pounds, for the present Supply of the Lord General's Army, shall be paid again, out of the first Monies, that shall come in upon the Ordinance of Excise, in the Three first Months.

Members deserting Parliament.

An Ordinance for assessing the Members and Assistants of either Houses, that have deserted the Service of Parliament, the Twentieth Part of their Estate; was read twice; and committed to Mr. Recorder, Mr. Browne, Mr. Maynard, Mr. Goodwyn, Mr. Reynolds, Mr. Strode, Sir Sym. D'Ewes, Mr. Whitlocke, Mr. Lisle: Who are presently to withdraw, and to consider of this Ordinance, and present the same to the House.

Loan by Merchant Adventurers.

Mr. Greene reports the Answer of the Merchant Adventurers to the Propositions of this House, for advancing of Thirty thousand Pounds, for the Service of the Commonwealth: Which was read; and, upon the Question, assented unto.

Merchant Adventurers Incorporation.

The Ordinance likewise was presented by Mr. Greene, for the enabling the Fellowship of Merchant Adventurers to levy Monies on the Members of their Corporation, and for Incorporating them, and for doing other Acts; -was read; and put to the Question:

The House was divided upon it:

The Yeas went out.

Resolved, upon the Question, That this House doth assent unto this Ordinance for the Merchant Adventurers to levy Monies on the Members of their Corporation, and to do further Acts, mentioned in that Ordinance: And that the Lords Concurrence be desired herein.

Battle of Newbury.

Ordered, That Mr. Rounthwaite, the Printer, shall forthwith print the Relation that is made concerning the Fight near Newbury: And that none shall reprint the same, without further Order from his Excellency the Lord General.

Merchant Adventurers.

Mr. Greene carried up to the Lords the Two Ordinances, concerning the Merchant Adventurers.

Excise.

Mr. Serjeant Wilde reports from the Committee appointed to consider of Obstructions in the Ordinance for Excise.

Whereupon a Rate on Wines, and further Power for the Commissioners of Excise, was voted and put into the Form of an Ordinance: Which was read; and, upon the Question, assented unto; and ordered to be sent unto the Lords for their Concurrence.

Advance for Army.

Mr. Recorder went up to the Lords with the Order for securing the Excise for Eight thousand Pounds, to be presently advanced for my Lord General's Army.

French Ambassador.

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

That the Lords do desire a Conference concerning a Message they have received from the French Ambassador Extraordinary.

Answer returned by the same Messengers; that they will give a present Meeting, as is desired.

Answer from Lords.

Mr. Recorder brings Answer, the Lords do agree to the Order he carried up.

Loan by Merchant Adventures.

Mr. Greene reports, The Lords do agree to the Ordinance, concerning the Merchant Adventurers advancing of Thirty thousand Pounds: But as to the Ordinance for Incorporating that Company, they will send an Answer by Messengers of their own.

Ordered, That the Lords be acquainted at the next Conference, of the Necessity in the speedy passing the Ordinance concerning the Incorporating of the Merchant Adventurers; and that the Thirty thousand Pounds cannot be advanced, till that Ordinance of Incorporation be passed.

Sir Rob. Harley went up to the Lords, to desire a Conference concerning the Merchant Adventurers; and the Ordinance this Day sent up to the Lords concerning them, not yet passed:

And brings Answer, the Lords do agree to a present Conference, as is desired.

Mr. Serjeant Wilde, Mr. Greene, Mr. Whitlocke, Mr. Vassall, Mr. Reynolds, Mr. Rolls, are appointed Managers and Reporters of these Two Conferences.

Affairs in Bedfordshire.

Captain Temple of Bedfordshire was called in to the Bar; and informed the House of the Passages in Bedfordshire; how Sir Lewis Dives, with a Party of Horse, had like to have surprised the Committee of that County: How all escaped but Two, whom they took Prisoners, and himself, whom they stript, and carried away Prisoner; but he escaped, swam the River, and so got away: And that the malignant Clergy of that County did much encourage Sir Lewis Dives in this Attempt; and they (those Forces) pillaged the Country of all Horses they could get while they stayed there; which was not Two Hours, by reason they feared the Ailesbury Forces.

Sir Hen. Barkeley.

Sir Edward Hungerforde acquaints the House, that before the next time the House sits, he hopes to give a good Account of Sir Hen. Barkeley, according to the Order of the House.

Delivery of Saddles, &c.

Ordered, That Three great Saddles, Three Carbines and Furniture, Three Swords, and a Leather Coat, now remaining in the Custody of Tho. Tunmnan, be delivered to Colonel Geo. Doddinge: And this Order shall be a Discharge to the said Mr. Tunnman.

French Ambassador.

Mr. Whitlocke reports the first Part of the Conference with the Lords:

That the Lords were desirous to acquaint this House with a Message, which they had received from the Ambassador Extraordinary; and that the House of Lords had commanded my Lord General, who had declared his Sense so well of it to the disliking of it, to declare it to the House of Commons.- Here the Message itself was read.

Then Mr. Whitlocke proceeded further, and said, That my Lord General declared, that there was several Parts of this Message that did stick with him, and the House of Lords:

1. That he should give himself so high a Title, and the Two Houses of Parliament so low.

2. To pretend to come, as an Ambassador of Peace, to make Demand of a Person a Fugitive and Firebrand, in kindling the Distractions of this Kingdom, in that manner as he is demanded: And made no doubt but that God, that had hitherto preserved us and protected us, but would still continue his Protection and Blessing unto us.

The Message was as followeth:

Monseigneur le Prince D'Harcourt Pairet, Grand Escuyer de France, Ambassadeur Extraordinarie vers le Roy de la Grand Britayne, ayant appris, que Mr. De Montague party de Paris, Depuis luy pour venir en Angleterre de la Partie de la Reyne, se seroit jette Disguise dans la Suitte de Monsieur de Gressy sans en estre conneu: Qu'a Rochester il auroit este arreste, en bien que trouve charge de Letters de la Reine pour leurs Majesties de la Grande Bretayne; il auroit neantmoins este conduict Prisonnier en la Tour de Londres: Monseigneur declare a Messieurs du Parlement, queque n'a eu aucune Connoissance de sa Personne, ny de son Disguisement non plusque le d'Sieur de Gressy; mais pour le Respect et Consideration des Letters de la Reyne, qui font voir, que le d'Sieur de Montague a l'honneur d'estre a elle et d'en estre advoue il en demande de la parte de sa Majeste, et les prie, de au sienne, quies luy remettent le dit Sieur de Montegu entre les Mains ensembles les Lettres, dont il estoit porteur a fin de suiter les Consequences, qui pourroient arrivaer de la juste Plainte d'une telle Destention.

Message from Lords.

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

That the Lords had sent down the Ordinance for assessing the Members of both Houses within the Bills of Mortality, which they agree unto with some Amendments.

That the Lords have appointed a Committee of Eight to meet in the Painted Chamber at Four Clock this Afternoon, to consider of the Message from the French Ambassador; and concerning the Ordinance for the Merchant Adventurers: And desire this House to appoint a proportionable Number to meet at the same Time.

And that they have adjourned till Five a Clock.

Assessment of Members.

The Amendments were read; which were as follows:

In the Fifteenth Line, put out these Words, "the Estates real and personal;" and add these Words, instead thereof, "Houses and Lands within the Limits aforesaid."

In the Eighteenth Line, put out the Word "Estates;" and put instead thereof, these Words, "Houses and Lands."

In the Seventeenth Line, after the Word "as," and before the Word "other," put in these Words, "the Houses and Lands of."

In the Twentieth Line, after the Word "aforesaid," and before the Word "any," add these Words "Provided always, that such Rates and Assessments, so made, as aforesaid, before any Levies thereof made, shall be presented to the respective Houses, whose Members, Assistants and Attendants, shall be concerned therein respectively; and by such respective House allowed and approved of.

The Amendments were put to the Question; and assented unto; but as to the Proviso, the House did nothing upon it.

Conference with Lords.

Mr. Hollis, Sir Ph. Stapleton, Sir Pet. Wentwortk, Sir Sam. Luke, Mr. Reynolds, Mr. Whittacres, Sir Wm. Waller, Sir Ar. Haselrigg, Mr. Lisle, Mr. Recorder, Sir Wal. Earle, Mr. Whitlock, Sir Ben. Rudyard, Mr. Greene, Mr. Millington, Sir Rob. Pye;

This Committee is appointed to meet a proportionable . . . of the Lords, to consider of the Message from the French Ambassador Extraordinary; and what Answer is fit to be made thereunto: And to consider of the Ordinance for incorporating the Merchant Adventurers.

Answer to Lords.

Answer returned by the same Messengers; that this House agrees to the Committee, and have appointed a proportionable Number of their House, to meet as is desired: And that this House will sit at Five a Clock, as is desired: And as to the other Part of the Message, concerning the Ordinance brought down by them, will send an Answer by Messengers of their own.

Sir Wm. Waller's Commission.

Resolved, &c. That this House doth declare, that, by virtue of this Commission of the Twenty-fifth of August last, now read, Sir Wm. Waller is under the Command of the Lord General; and ought to receive Instructions from my Lord General; and is bound to obey them, notwithstanding any thing contained in his Commission.

And Sir Wm. Waller, being present at this Debate, did declare, he ever hath been, is, and will be ready to receive and obey his Excellency's Commands.

Mr. Recorder, Sir Nevile Poll, Sir Sam. Luke, Mr. Lisle, Mr. Nicoll, Sir Ro. Harley, Mr. Goodwyn, Sir Chr. Wray, Captain Pym, Sir Oliver Luke, Mr. Reynolds, are appointed to go to his Excellency, to acquaint him with this Vote, and the Debate thereupon.

Mr. Recorder reports, he had acquainted my Lord General with the Order of this House, and That given in Charge to the Committee; and that his Excellency returned Answer, He was not in Capacity, being not a Commoner, to speak in the House of Commons; but in the House of Peers, he would deliver his Answer.

Whereas Sir Wm. Waller hath offered unto this House, to give in his Commission of the Twenty-fifth of August last: And whereas this House is of Opinion, that the best Way to discover the Conveniency or Inconveniencies thereof, is to appoint a Committee to go to my Lord General; with Power to consider of, and advise with his Excellency, what Course is fittest to be taken for the setthing of this Business most for the Safety of the Kingdom. - Do therefore order, that the Lords be moved to appoint a Committee to go to his Excellency, to the Intent this House may appoint a proportionable Number to go to his Excellency, to advise to the Purposes aforesaid; and to settle it, if they can; or otherwise, to report it to the House.

Mr. Glyn went up to the Lords with this Message; And returns this Answer, That the Lords had appointed Three Lords to go this Night to my Lord General, about this Business.

Mr. Recorder, Mr. Reynolds, Mr. Prideauxe, Mr. Ashe, Mr. Curson, Sir Chr. Wray, are appointed to go, with a proportionable Number of the Lords, to my Lord General, concerning the late Message about Sir W. Waller.

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

That the Lords have appointed Three of their own House to go to my Lord General, with a proportionable Number of this House, concerning the Business brought unto them about Sir W. Waller's Commission; and do intend to return back again to the House this Night, because it is a Business of that Consequence; and do, desire this House to sit till the Committees do return.

Answer returned by the same Messengers; that this House had appointed a Committee, as is desired; and will sit till they return.

Mr. Recorder reports, that the Committee has attended my Lord General: and, after long Debate of the Business they went about, they found my Lord General of Opinion, that That Commission, as it was penned, which Sir Wm. Waller had, was incompatible with His Commission; and that he was resolved to grant Commissions to all Officers under him, to receive their Instructions from him; and was resolved to serve the Commonwealth in the same State and Condition he had done, and the best way he could.

Resolved, &c. That the Lords Concurrence be desired, in the Declaration this Day made by this House, "That Sir Wm. Waller is bound to obey my Lord General's Instructions, notwithstanding any thing contained in his Commission."

Resolved, &c. Whereas, by the Words of Sir Wm. Waller's Commission, of the Twenty-fifth of August, it is mentioned, that Sir Wm. Waller was to receive his Instructions from both Houses of Parliament: It is this Day Ordered and Declared, by the and Commons, That Sir W. Waller shall, from time to time, receive and observe such Instructions as my Lord General shall give him.

Resolved, &c. That the Lords Concurrence be desired herein.

Mr. Recorder went up to the Lords with these Votes, to desire their Concurrence.

Mr. Recorder reports, the Lords do agree, Nullo Contradicente, to these Votes he carried up.

Mathew's Sequestration.

Ordered, That it be referred to the Committee of Accounts, where Mr. Trenchard has the Chair, to examine what Monies is in Symon Mathew's Trunk; or what Security, of Monies due unto him, is there; and that Five hundred Pounds thereof (if it amount to more than that Value) be disposed of to Colonel Massy, Governor of Gloucester; and that some Part of the Overplus be disposed for the Building of something in Memory of the said Captain; And that Mr. John Hosles be appointed to receive the Trunk, and all Things in it, from Mrs. Browne in Coleman-street, into his Possession.

Money due to a Papist.

Ordered, That Thomas Waller of Chichester, who hath Seven hundred Pounds remaining in his Hands of Purchase Money, due to a Papist in Arms against the Parliament, shall forthwith pay the same to Mr. Trenchard, Chairman to the Committee of Accounts: And this House will save him harmless for the Payment thereof.

* * * *

Hyde Park, &c.

Ordered, That the Officers and Soldiers at the Courts of Guard be required not to permit any to cut down Trees or Woods in Hyde Park, or Maribone Park, but such as are authorized thereunto by Ordinance of Parliament; and not to suffer any such Persons to go out of the Works to cut the Woods in these Two Parks, or to bring any from thence, but by Warrant from the Committees appointed for that Ordinance: And the Officers and Soldiers at the Courts of Guard are required, from time to time, to be aiding and assisting to Sir John Hippesley, a Member of this House, on all Occasions, to prevent the cutting down or destroying of the said Parks, unless it be by Authority of the Ordinance aforesaid.

Gates, &c. Sequestrations.

Ordered, That it be referred to Commissioners for Sequestrations in Middlesex, presently to sequester the Estates of Mr. Gates and Sir Wm. Portman, in that County.

Wiseman's Petition.

Ordered, That the Petition of Sir Thomas Wiseman, and Papers annexed thereunto, be referred to the Committee of Lords and Commons, for Sequestrations.

Northampton Assessment.

Ordinance for the weekly Assessment in Northamptonshire, was read; and, upon the Question, assented unto; and ordered to be sent up to the Lords, for their Concurrence.

Ship Sampson.

Ordered, That the Goods and Wages belonging to the Master and Company of the Sampson, of Bristoll, taken in the said Ship, shall be restored to them, according to the Earl of Warwick's Direction.

James' Saquestration.

Ordered, That the Rents of * James be sequestred into the Hands of Sir Robert Pye.

Exchange of Prisoners.

Ordered, That Captain Saddler, Prisoner at Portesmouth, be exchanged for Captain Arthur, Prisoner at Weymouth.

Grant to Carter.

Whereas, by an Order of the House of Commons, bearing Date the Eleventh of August 1643, they were favourably pleased to bestow upon, Susan Carter, the Relict of Samuel Canter, deceased, the Sum of Two hundred Pounds, out of the Estate, of Sir Peter Ricaut Knight: And whereas the Committee of the House of Commons, for Accounts, have found Two several Bills, wherein one Daniel Tayler, William Panter, and Richard Higginson, stand indebted unto the said Sir Peter Ricaut in the Sum of Two hundred and Eighteen Pounds Two Shillings, which, by the Consent of this honourable House, they are willing to pay unto the said Susan Carter, according. to the Order aforesaid: It is this Day Declared, by the said House, That they do well approve of the said Payment; and will save harmless and indemnified the said Daniel Tayler, Wm. Panter, and Richard Higgenson, for their so doing.

Excise on Wines.

Whereas, by a late Ordinance of both Houses of Parliament, for a Charge of Excise, or new Impost, to be set upon the Commodities in a Schedule thereunto annexed contained, for the Supply of the great Affairs of this Kingdom; whereby it is, among other Things, provided, That the Sellers of Wine, who are chargeable with the Excise, shall be allowed the same in the Price thereof, upon the Sale: But, for that no certain Price is set down in the said Ordinance for Wines to be sold at: Be it now Declared and Ordained, by the Lords and Commons in Parliament, That the Sellers of Wines, who shall pay the Excise, shall or may take, for all Spanish Wines sold, for every Quart, Fourteen-pence; and for all French Wines sold, Eight-pence for every Quart; and so proportionably after that Rate: Which said Prices shall or may be taken, without incurring the Penalty of any Law or Statute; so as the due Measures and Assizes be duly kept and observed, as by the Law is provided; and the Wines to be good, wholsome, and merchantable Wines. And be it further Declared and Ordained, That Mr. Alderman Langham, who was named a Commissioner in the said former Ordinance, in respect of his other great and necessary Occasions, shall be wholly discharged of the said Service; and the other Seven Commissioners shall have full Power to execute the said Ordinance, as if the said Alderman Langham had not been named there. And further, that the respective Commissioners of Excise, or the major Part of them, shall have Power to call before them any Person or Persons, whom they shall think fit, being subject to the said Ordinance, for any Matter touching the same, or that can testify or inform any thing material to the said Service; and shall have Power to grant their Warrants for the bringing in of such Persons as shall wilfully refuse or neglect to come before them, upon Warning; and to examine such Persons for their... or Disobedience in that Behalf, by Fine or Amerciament, to be levied and employed in such manner as is appointed for the other Penalties, by the said Ordinance; so as the same do not exceed Five Pounds for any one Offence.

Panfeild Parsonage.

An Order for sequestring the Rents and Profits of the Parsonage of Panfeild, in the County of Essex, whereof Edward Jenkenson is Rector, to the Use of John Clark Master of Arts, a godly, learned, and orthodox Divine; who is hereby appointed and required to preach every Lord's Day there; and to take care for the Discharge of the Cure of that Place, in all the Duties thereof; and to receive the Profits thereof, until further Order shall be taken by this House; was this Day read; and, by Vote upon the Question, assented unto.

Hendon Viearage.

An Order for sequestring the Rents and Profits of the Vicarage of Hendon, in the County of Middlesex, whereof Benjamin Hinton was late Vicar, now deceased, to the Use of Francis Worham, a godly, and orthodox Divine; who is hereby required and appointed to preach every Lord's Day there; and to take care for Discharge of the Cure of that Place, in all the Duties thereof; and to receive the Profits thereof, until further Order shall be taken by this House; was this Day read; and, by Vote upon the Question, assented unto.

Lambeth Parsonage.

An Order for sequestring the Rents and Profits of the Parsonage of Lambeth, in the County of Surrey, whereof Dr. Featly was lately Parson, to the Use of John White Master of Arts, a reverend, godly, learned Divine; who is hereby appointed and required to preach every Lord's Day there; and to take care for Discharge of the Cure of that Place, in all the Duties thereof; and to receive the Profits thereof, until further Order shall be taken by this House; was this Day read; and, by Vote upon the Question, assented unto.

Sutton's Hospital.

An Order for sequestring the Rents and Profits of the Preacher's and Organist Place of Sutton's Hospital, in the County of Middlesex, whereof Daniel Tutivell was late Preacher, to the Use of Thomas Foxley, an orthodox Divine; who is hereby required and appointed to preach every Lord's Day there; and to take care for Discharge of the Cure of that Place; and to receive the Profits thereof, and of the Organist Place, until further Order shall be taken by the House; was this Day read; and, by Vote upon the Question, assented unto.

Buntingford Westmill Parsonage.

An Order for sequestring the Rents and Profits of the Parsonage of Buntingford Westmill, in the County of Hertford, whereof Richard Tayler was late Parson, to the Use of Josias Slader, a godly, learned, and orthodox Divine; who is hereby appointed and required to preach every Lord's Day there; and to take care for Discharge of the Cure of that Place, in all the Duties thereof; and to receive the Profits thereof, until further Order be taken by this House; was this Day read; and, by Vote upon the Question, assented unto.

Ridge Vicarage.

An Order for sequestring the Rents and Profits of the Vicarage of the Parish Church of Ridge, in the County of Hertford, whereof Griffith Roberts was late Vicar, to the Use of Mr. Joseph Gastrell, a godly and orthodox Divine; who is hereby appointed and required to preach every Lord's Day there; and to take care for the Discharge of the Cure of that Place, in all the Duties thereof; and to receive the Profits thereof, until further Order shall be taken by this House; was this Day read; and, by Vote upon the Question, assented unto.

Isle of Wight.

Whereas it is Ordered, by this House, That Thirty Pieces of Ordnance should be provided, by the Committee of the Navy, to send down to the Isle of Wight: It is now Ordered, That the Committee of the Navy shall take care, that a Proportion of Shot be likewise sent down to the Isle of Wighte.

James' Sequestration.

Whereas a Bill did pass both Houses, for settling Two Parts of the Land of John James, a Papist, who did wound Mr. Peter Heywood of Westminster, a Justice of Peace (being then in the Service of the Parliament) on the said Mr. Heywood, for such Term as is contained in that Bill: Which Bill his Majesty hath not yet passed: It is therefore, this Day, Ordered, That the Rents and Profits of Two Parts of the Land in the Bill mentioned, shall be sequestred into the Hands of Sir Rob. Pye, a Member of this House, for the Use of Mrs. Elizabeth Heywood: And the Tenants are hereby required to pay their Rents to the said Sir Robert Pye: And his Acquittance shall be a Discharge to the said Tenants for the same, until an Ordinance do pass both Houses for Mrs. Elizabeth Heywood to receive the said Profits.

Parson's Petition.

Ordered, That the Petition of Captain Wm. Parsons, and the Certificate concerning him, recommended from this House from the Lords Justices and Council in Ireland, be referred to the Consideration of the Committee for Irish Affairs; and especially recommended unto them, to give Order for the Relief and Satisfaction of the Petitioner.