House of Commons Journal Volume 6
11 September 1648

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History of Parliament Trust

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1802

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16, 17, 18, 19

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'House of Commons Journal Volume 6: 11 September 1648', Journal of the House of Commons: volume 6: 1648-1651 (1802), pp. 16-19. URL: http://british-history.ac.uk/report.aspx?compid=25470 Date accessed: 22 October 2014.


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Die Lunæ, 11 Septembris, 1648.

Prayers.

Delinquents.

SIR Anthony Irby reports from the Committee at Goldsmiths Hall, the Fines and Compositions of divers Delinquents, videlicet, of * * * *.

Resolved, &c. That this House doth accept of the Sum of Eight hundred and Fifty Pounds, for a Fine, for the Delinquency of David Walter, of Godstow in the County of Oxford, Esquire: His Offence, that he was in Arms against the Parliament: He rendered upon the Articles of Oxford: His Estate in Fee, in Possession per Annum Four hundred Twenty-seven Pounds Thirteen Shillings and Eleven-pence, for One Life per Annum, Ten Pounds; out of which issues for Quit Rents per Annum, Ten Pounds Three Shillings and Five-pence: Which being allowed, leaves the Fine, at a Tenth, Eight hundred Fifty Pounds.

An Ordinance for granting a Pardon unto David Walter, of Godstow in the County of Oxford, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Three hundred and Thirty Pounds, for a Fine, for the Delinquency of Wm. Godolphin, of Sargar in the County of Cornwall, Esquire: His Offence, that he was in Arms against the Parliament: He rendered upon the Articles of Silly: His Estate in Fee . . . Possession, per Annum, One hundred Fifty Pounds; for Fifty Years, per Annum, Sixty Pounds; in personal Estate, Three hundred Pounds: For which his Fine, at a Tenth, is Three hundred Thirty Pounds.

An Ordinance for granting a Pardon unto Wm. Godolphin, of Spargar in the County of Cornwall, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Five hundred and Eleven Pounds, for a Fine, for the Delinquency of John Hoskins, of Langdon in the County of Dorsett Esquire: His Offence, that he adhered to, and assisted the Forces raised against the Parliament: He rendered in November 1645: His Estate in Fee per Annum One hundred Sixty-one Pounds; in old Rents per Annum Fourteen Pounds Fifteen Shillings; for one Year One hundred Three Pounds; for Three Lives per Annum Thirty Pounds; for Twenty Years per Annum Thirty-six Pounds Fourteen Shillings and Two-pence: For which his Fine, at a Tenth, is Five hundred Eleven Pounds.

An Ordinance for granting a Pardon unto John Hoskins, of Langdon in the County of Dorsett, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Four hundred and Fifteen Pounds, for a Fine, for the Delinquency of William Booth, of Killingholme in the County of Lincoln, Esquire: His Offence, That he was in Arms against the Parliament: He rendered upon the Articles of Newark: His Estate in Fee, in Possession, per Annum, One hundred Pounds; in Reversion per Annum Eighty Pounds; out of which issues for ever, per Annum, One Pound Seven Shillings and Nine-pence: Which leaves the Fine, at a Sixth, Four hundred Fifteen Pounds.

An Ordinance for granting a Pardon unto Wm. Booth, of Killingholme, in the County of Lincoln, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Three hundred and Fifty Pounds, for a Fine, for the Delinquency of Tobias Lawe, of Leventhorpe in the County of York, Gentleman: His Offence, that he deserted his Dwelling, and lived in the Enemies Quarters: He rendered before December 1645: His Estate in Fee, in Possession, per Annum One hundred Seventy-seven Pounds; personal Estate, Fifty-one Pounds One Shilling and Two-pence; out of which . . . . . for Seven Years yet to come, per Annum, Four Pounds: Which leaves the Fine, at a Tenth, Three hundred Fifty Pounds.

An Ordinance for granting a Pardon unto Tobias Lawe, of Leventhorpe in the County of York, Gentleman, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

According to an Order of this Honourable House, of the Twenty-seventh of October 1646 (whereby the Ordinance concerning Daniel Thelwall, of Woodford in the County of Essex, Esquire, is re-committed to this Committee, who are thereby ordered to consider of the Matter of Fact, and of the Time of his coming in, and taking the Covenant; and likewise to consider of the Declaration of both Kingdoms; and report the whole Matter to this House), we humbly present, That in January 1642, the said Daniel Thelwall went into Flintshire, to his Brother-in-Law Evan Edwards, then being very sick, to advise him in the settling of his Estate, long before any Garisons were kept, in those Parts, for the King: That 6 Maii 1643, the Compounder's Estate was sequestred, upon a supposed Presentment of the Constables, Churchwardens and Overseers of the Poor of Woodford, that he had not paid his Five-and-twentieth Part, nor other Parliament Taxes; and that he was gone to the King: That the time of his coming in to the Parliament's Quarters was the Beginning of November 1644; and of his taking the Covenant the Sixth of June 1645: He did petition the Lords and Commons for Discharge of his Sequestration; in which Cause no Witnesses were ever examined upon Oath; but he was ordered to stand sequestred, upon the Certificate, to the Committee of Essex, of the Eleventh of September 1645, grounded upon the aforesaid supposed Presentment; which the said Constables, and other Officers, do, under their own Hands, disavow, and deny they ever made any such Presentment: And thereupon the Compounder, seeing the Inconveniency of prosecuting any further Appeal, did submit to this Committee to compound. That, out of these Considerations, this Committee did, in their former Report, propose his Fine to this House, at a Tenth, Five hundred and Forty Pounds, and, at a Third, Fifteen hundred Pounds; leaving it to the Determination of this House, as then and yet thinking a Tenth Part to be a very reasonable Sum, in respect of the Smallness of his Delinquency, and upon Consideration had of the whole Matter, according to the Directions of the said Order, of 27 Octobris 1646. All which we again humbly certify to the Judgment of this House.

An Ordinance for granting a Pardon to Daniel Thelwell, of Woodford in the County of Essex, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of Three hundred Pounds for a Fine, for the Delinquency of Edward Yard, of Churston in the County of Devon, Esquire: His Offence, that he was in Arms against the Parliament: He rendered upon the Articles of Exeter: His Estate in Fee Tail, per Annum, One hundred Pounds; in old Rents, per Annum, Twenty-nine Pounds; Personal Estate, One hundred Seventy-six Pounds; and he owes Three-hundred Pounds; there is issuing out of his Estate Sixty-nine Pounds per Annum, for one Life: Which leaves the Fine, at a Tenth, Three hundred Pounds.

An Ordinance for granting a Pardon unto Edward Yard, of Churston in the County of Devon, Esquire, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords for their Concurrence.

Resolved, &c. That this House doth accept of the Sum of One Thousand Three hundred Thirty-two Pounds and Ten Shillings, for a Fine, for the Delinquency of Sir Walter Wrottesley of Wrottesley, in the County of Stafford, Knight: His Offence, that, when Prince Rupert and Prince Maurice were in that Part of the Kingdom, he furnished a Horse upon their Command: That he is seized of an Estate, in Fee to him, and his Heirs, in Possession, of Five hundred Sixty-six Pounds; of old Rents of Forty Pounds per Annum; more, in Fee, being the Rectory of Womborne, Sixty-two Pounds per Annum; and of Tythes in Coldshall, Thirty-five Pounds per Annum; out of which is issuing * * * leaves the Fine to be Fifteen hundred Twelve Pounds Ten Shillings: If he settle Fifteen Pounds per Annum for ever, out of his own Tythes, on the Vicar of Tedenhall, the Committee think sit, (if the House so please) to allow him Twelve Years Purchase for it, which is One hundred Eighty Pounds: Then the Fine remains to be Thirteen hundred Thirtytwo Pounds Ten Shillings.

Ordered, That Mr. Stephens be desired to report, That, by small Certificates, and upon Sir Walter Wrottesley's own Oath, it appear, that he hath disbursed for the Parliament, Eight hundred Thirty Pounds; that he hath lost by the Enemy Two thousand Pounds; that his chief Seat is now a Garison for the Parliament (which Garison he maintained Five Weeks, at his own Charge, with a Troop of Horse, and Company of Foot), that his Estate lies surrounded with the Enemy's Garisons; and that he would never yield to make his House a Garison for the King, though often solicited thereunto.

An Ordinance for granting a Pardon unto Sir Walter Wrottesley, of Wrottesley in the County of Stafford, Knight and Baronet, for his Delinquency, and for taking off the Sequestration of his Estate, was this Day read; and, upon the Question, passed; and ordered to be sent to the Lords, for their Concurrence.

Impressing Waggons, &c.

Ordered, That Mr. Francis Hodges be, and is hereby, authorized and required to impress Waggons, Carts, and Cars, for the Committee appointed to go to his Majesty; he agreeing with the Parties for the same: And it is further Ordered, That Mr. Speaker do give Warrant to that Purpose.

Tolkyn's Fine.

Ordered, That it be re-committed to the Committee at Goldsmiths Hall, to state the Business concerning the State and Fine of John Tolkyn, of Bumstead in the County of Essex, Esquire.

Preacher appointed.

Ordered, That Mr. Marshall be desired to preach Tomorrow at St. Margaret's, Westminster.

Sir Robert Pye to acquaint him with it.

Navy.

A Letter from Thomas Smith and Robert Tweedy Commissioners of the Navy, to Sir Henry Vane junior, of the Eighth of September 1648, was this Day read.

Ordered, That the said Letter be referred to the Committee of the Navy, for the Use of the Navy: Who are to confer with the Committee at Goldsmiths Hall, and the Treasurers, How the Sum of Forty thousand Pounds, charged upon those Receipts, may presently be raised or advanced for paying Wages to this Summer's Fleet, and for victualing the Ships, and to furnish the Magazine: And they are to use their utmost Care and Diligence therein.

Ordered, That the Committee at Goldsmiths Hall be injoined to meet this Afternoon, and to confer with the Committee of the Navy, about raising the Sum of Forty thousand Pounds for victualing the Ships, paying Wages to the Fleet, and to furnish the Magazine: And that the said Committee do choose out the most considerable Compositions, and of greatest Value; and report them to the House, in the First Place: And that the said Reports from Goldsmiths Hall be made every Morning, until Ten of Clock.

Passes to France.

Ordered, That Mr. Speaker do give a Pass unto Monsieur De Praveling, Monsieur De Belifon, Monsieur De St. Lucke, and Mr. Daubetery, to pass into France.

Ordered, That Monsieur De Belifon have a Pass for transporting Six Horses, Custom and Impost free: And that Mr. Speaker grant a Pass, accordingly.

The Lords Concurrence to be desired herein.

Answer to Lords.

Answer returned by the same Messengers, That the House has considered of your Message; and will send Answer, by Messengers of their own, to the Message sent from the Lords on Saturday last.

Ordered, That Mr. Wheler and Mr. Onslow be added to the Committee appointed to give Reasons to the Lords, Why this House cannot agree with the Lords, to grant a Blank for Safe Conducts for Five Persons, with their Servants, as is desired by the King's Letter.

Totershall Castle.

Mr. Knightly reports a Conference with the Lords, touching Totershall Castle in the County of Lincolne; and touching removing Obstructions, hindering the speedy dispatching the Lords Messengers sent to this House.

The Lords having sent down an Order of their House, made the Third of July last, requiring the Delivery of Tattershall Castle to the Earl of Lincolne, or such as his Lordship should assign; the then pretended Governor, Captain Chuton alias Fynes, being served with the said Order, refused to yield Obedience thereunto; alleging, he had an Order of the House of Commons, a Copy whereof is hereunto annexed, bearing Date the First of August, commanding his . . . delivering the same until their Pleasure was further known; the Lords, being desirous to continue a good Understanding between the Two Houses, and to prevent all Clashing of Orders, have desired this Conference, in Confidence, that the House of Commons will recall their Order; which, they believe, could not have been obtained, if they had been duly informed, that the said Castle is the Possession of the Earl of Lincolne, a Peer of this House, who hath constantly and faithfully adhered to the Parliament: And therefore his House ought not to be disposed of by any, without Consent of the House of Lords;

1. Because, by the Laws of this Land, as well the Possessions as Persons of Peers are privileged from all Disturbance whatsoever.

2. The said Earl hath formerly suffered very great Damage by a Garison there, by Free Quarter, pulling down his Houses, and by spoiling his Warren, never having received any Consideration for the same.

3. The Order of the House of Commons, bearing Date so long after, could not be any sufficient Warrant for the fore-mentioned Governor to disobey their Lordships Order, in not delivering it up to the said Earl of Lincolne, or his Assignees.

4. That there is now no Need of putting the Country to so . . necessary a Charge, in maintaining a Garison there.

5. The Lord Clynton, Son to the said Earl, being a Member of the House of Commons, and now at Nottingham with his Wife, hath no other House furnished to carry her unto.

And for these Reasons the Lords command me to let you know, it is their Lordships Desire, the House of Commons will recall their Order.

The Lords have commanded me to acquaint the House of Commons, That the Lords are informed, That, upon Saturday last, the Messengers of the House of Lords, delivered a Message to the House of Commons, desireing a Conference with them; and stayed Five Hours, in Expectation of an Answer; but had none returned: And that divers Times the Lords Messengers have waited, at the Door of the House of Commons, Three or Four Days together, to deliver a Message. These Things being so prejudicial to the expediting the Affairs, of the Kingdom between the Two Houses, and so unusual in former Time; and being an Occasion of multiplying very many Businesses at one Message; the Lords do desire them to take the same into Consideration; and think of some Course for the Preventing of like Obstructions for the future, that so Answers may be returned more seasonably.

Ordered, That it be referred to the Committee at Derby House, to confer with the Earl of Lincolne, and the Gentlemen of this House that serve for the County of Lincolne, touching Tettershall Castle; and to take Care for the Safety of the Country, and of the said Castle of Tattershall.

Ordered, That, when Messengers are sent from the Lords to this House, as soon as the Business in Agitation, when the Messengers come, be ended, then the said Messengers from the Lords be called in.

Granting a Pass.

The Question being propounded, That Leave be given to take up the Debate again, touching sending a blank Pass into Scotland, as is desired by the King's Letter of the Eight of September 1648;

The House was divided.

The Yeas go forth.

Mr. Copley, Tellers for the Yeas: 46.
Colonel Birch, with the Yeas,
Colonel Harvey, Tellers for the Noes, 30.
Sir John Danvers, with the Noes,

So that the Question passed with the Affirmative.

Branford Men.

Ordered, That it be referred to the Committee of Complaints, to examine the Men that came from Branford.

Granting Passes.

Ordered, That this House doth repeal the Two Orders, made on the Ninth of this Month, for a Pass for Mr. Parsons to go into Scotland; and for a Conference with the Lords, to shew the Reasons, Why they cannot agree with the Lords, in granting a blank Safe Conduct, as is desired by the King's Letter.

Colonel Birch, Sir Henry Vane senior, Mr. Holles, Sir Wm. Lewes, Mr. Lisle, Mr. Scott, Sir Henry Vane junior, SirHarbottle Grimston, Mr. Annesly, Mr. John Goodwyn;

This Committee, or any Five of them, are to prepare an Answer to be sent to the King, Why they could not assent to grant a blank Safe Conduct, as is desired in the King's Letter.

Reformado Officers.

Ordered, That on Wednesday Morning the Report for the Reformado Officers be made.

Adjournment.

Ordered, That when the House riseth, the House do adjourn itself until Eight of Clock on Wednesday Morning next.

Ship Sampson.

Ordered, That on Wednesday Morning next, Sir Robert Harley do make his Report touching Walter Sandy, Mary Hooke Widow, Thomas Hook, Elizabeth Clement, and Anne Clement, of Bristoll, concerning the Ship Sampson of Bristoll.

Army.

Ordered, That, on Thursday Morning next, the Reports for the Committee of the Army be taken into Consideration, the first Business.

Petition from London, &c.

The House being informed, That divers Inhabitants of London, Westminster, the Borough of Southwarke, were at the Door;

They were called . . ; and then presented a Petition to the House.

Which (after the Petitioners were withdrawn) was read; and was intituled, "The humble Petition of Thousands well-affected Persons, inhabiting the City of London, Westminster, the Borough of Southwarke, Hamlets and Places adjacent."

Convoys.

The House being informed, That divers Masters and Commanders of Ships were at the Door;

They were called in; and then presented a Petition to this House.

Which (after the Petitioners were withdrawn) was read; and was intituled "The humble Petition and Representation of divers well-affected English Masters and Commanders of Ships."

Ordered, That it be referred to the Committee of Complaints: And that they sit this Afternoon, to examine the Matters of Mact; and to present it to the House.

Ordered, That the Lord Admiral be desired to take care for Convoys for the Merchants Ships, from the Mouth of the River of Thames to the Netherlands, and to Holland: And that he take the best Course he can for the Advance and Encouragement of Trade.