House of Commons Journal Volume 5: 15 December 1646

Die Martis, 15 Decembris, 1646.

Prayers.

Privilege- Reflections on a Member.

THE House being informed, That Words very much to the Prejudice of a Member of the House, and to the Scandal of the whole House, were spoken upon the Exchange by Sir David Watkins; and that the Gentleman that heard the Words was at the Door, viz. Mr. Pennoyer;

Mr. Pennoyer, called in, did say, That, being upon the Exchange, a little after Twelve of Clock, Sir David Watkins told him, That he heard that Sir Jo. Evelyn, of Wiltshire, should say, "Mr. Speaker, you should do well to send up for the Army to the City, to quell those mechanick Citizens." The Day he spoke those Words was on Friday or Saturday last: That Mr. Hugh Forth Merchant, was by at the Speaking of those Words; and some others.

Memorandum, Mr. Pennoyer was called in on Wenesday; and the Examination read unto him; and did own this to be what he said.

Resolved, &c. That Sir David Watkins be summoned forthwith to attend the House.

Ordered, That Mr. Hugh Forth, or any other Witness that Mr. Pennoyer shall nominate, be forthwith summoned to attend the House.

Payment to Pierepoint.

Ordered, That the Three hundred Pounds laid out by Mr. Francis Pierepoint, for the Service of the Forces before Newark, be paid unto the said Mr. Francis Pierepoint, out of some such Delinquent's Fine, of Nottinghamshire, as he shall nominate to the Committee at Goldsmiths-hall, who hath not yet compounded, and whose Fine is not yet disposed of.

Irish Affairs.

Ordered, That the Reports concerning Ireland be made from the Committee at Derby-house on Monday Morning next, the first Business.

Countess of Essex.

Ordered, That the Ordinance concerning a Jointure settled upon the Countess of Essex by the Earl of Essex, be read on Thursday Morning next.

Bishops Lands.

An additional Ordinance for the Alteration and Explanation of the Oath formerly appointed to be taken by the Surveyor of Bishops Lands; and for the better Enabling of the Trustees for Bishops Lands, named in the former Ordinance, to discharge the Trust in them reposed; was this Day read the First time; and ordered to be read the Second time, so soon as the Reports concerning the Scotts Papers shall be finished.

Message to Lords.

Sir Robert Pye is appointed to go to the Lords, to desire them to sit awhile: in regard the House shall have Occasion to come unto them upon Business of Consequence, concerning the Going of the Scotts Forces out of the Kingdom.

He is further to put the Lords in mind of the Two Ordinances concerning the Army; and of the Ordinance concerning the Militia of the Kingdom; and the other Ordinances upon the Propositions.

Treaty with Scotland.

Mr. Crew reports a Copy of Articles between Committees of Lords and Commons of the Parliament of England, and Commissioners of the Parliament of Scotland (authorized thereunto by the Parliament of each Kingdom respectively) concerning the Manner of Payment of the First Two hundred thousand Pounds to our Brethren of Scotland; viz.

Articles of Agreement, agreed upon between Committees of Lords and Commons of the Parliament of England, and Commissioners of the Parliament of Scotland, authorized thereunto by the Parliament of each Kingdom respectively.

1. THAT Four hundred thousand Pounds be paid to the Kingdom of Scotland, in Manner hereafter expressed, for the Pay of their Army, brought into the Kingdom of England for the Assistance of this Kingdom; and of their Forces that came into the Garison of Berwick, by virtue of the Treaties between the Two Kingdoms, of the Twentyninth of November 1643; and for full Satisfaction for all their Pains, Hazard, and Charges; and whatever else the Kingdom of Scotland can claim for their said Army and Forces, by virtue of the said Treaties; and of all Demands from the Kingdom of England, contained in a general Estimate, given into the House of Commons from the Scotts Commissioners, together with a Paper, bearing Date the Eighteenth Day of August 1646.

2. That the Two hundred thousand Pounds, now ready (Part of the said Four hundred thousand Pounds), shall be forthwith sent to the City of York; and shall there forthwith be told by the Treasurers in whose Custody the Money now is, or by such as they, or any Two of them, shall appoint; and by such as shall be appointed by the Kingdom of Scotland, or by Sir Adam Hepburne Treasurer of the Scotts Army, or his Deputies, except Twelve thousand Pounds, Part thereof, which, at the Desire of the Scotts Commissioners, is reserved to be paid here in London; and is accepted for so much of the First Hundred thousand Pounds appointed to be paid at North Allerton: The which Twelve hundred thousand Pounds the said Scotts Commissioners have Power to receive here, in Manner as aforesaid; and to discharge the Kingdom of England thereof.

3. That the First Hundred thousand Pounds, except the Sum of Twelve thousand Pounds before excepted, shall be told within Six Days after the Arrival of the said Money at York; and the Second Hundred thousand Pounds within Six Days after that.

4. That the Money, so told as aforesaid, shall be sealed up in the several Bags, each to contain One hundred Pounds, by the Seals of both Parties appointed, as aforesaid, to tell the same: And shall forthwith be put into Chests, One thousand Pounds into each Chest; and the said Chests also sealed by the aforesaid Persons, appointed to tell the said Money.

5. That the said Persons, appointed by the Kingdom of Scotland to tell the said Money, shall continue with the same; to see that there shall be no Alteration made thereof, after the Telling and Sealing of the same, as aforesaid.

6. That, within Five Days after the Two hundred thousand Pounds is told at York, One hundred thousand Pounds thereof shall be paid, at North Allerton, to Sir Adam Hepburne, or his Deputies, or to such others as by the Kingdom of Scotland shall be appointed to receive the same, except only the Twelve thousand Pounds reserved to be paid in London, as aforesaid.

7. That the Delivery of One hundred Chests of Money, or of One thousand Bags, so as aforesaid sealed up, to the Persons mentioned in the foregoing Article (except before excepted) shall be, and be accounted, the Payment of the said Sum of One hundred thousand Pounds: And Acquittances are thereupon to be given for the same to the said Treasurers, for their Discharge, by Sir Adam Hepburne, or his Deputies, or any other authorized by the Kingdom of Scotland.

Treaty with Scotland.

8. That, when the said One hundred thousand Pounds, except before excepted, is come to Topcliff in the County of York, and before it pass any further towards North Allerton, for the Payment of the same, as abovesaid, the Kingdom of Scotland shall there deliver Hostages, for Assurance that the Scotts shall quit all their Quarters, Passes, and Garisons, on the South Side Tyne; and shall deliver up to such Forces as both Houses of the Parliament of England, or such as shall by them be thereunto authorized, shall appoint, all the aforesaid Places, together with all the Ordinance, Arms, and Ammunition, belonging to the Kingdom of England, within Ten Days after the First One hundred thousand Pounds shall be paid as aforesaid; and for Assurance, that they shall deliver up the Town of Newcastle, with the high Castle in the same, the Castle of Tynmouth, with all the Works belonging thereunto, the Spanish Works, the Shields Field Fort, and all other Forts and Works on the North Side Tyne, together with all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, unto such Forces or Persons as shall be appointed by both Houses of the Parliament of England, or by any by them thereunto authorized to receive the same, when and at such time as Notice is given the Second One hundred thousand Pounds is come to the North of the River of Tees, as is hereafter expressed in the Tenth Article.

9. That, within One Day after the Performance of all the Particulars mentioned in the former Article, the said Hostages of the Kingdom of Scotland shall be again redelivered unto them, within half a Mile of the Works on the North Side of Newcastle.

10. That, after the Garisons of Hartlepoole, Stockton, Duresme, and all other Garisons, Quarters, and Passes, on the South of Tyne, are quitted by the Scotts Army and Forces; and after that all the said Army and Forces are removed to the North Side of Tyne (which is to be done in Ten Days after the Payment of the First One hundred thousand Pounds, as aforesaid); that then the other One hundred thousand Pounds shall be brought to the North Side of the River of Tees.

11. That the Second One hundred thousand Pounds being come to the North Side of the said River of Tees; upon Notice thereof given to the General, or Commander in Chief of the Scotts Army, in Writing, from him that commands the Convoy, they shall deliver up the Town of Newcastle, with the high Castle in the same, the Castle of Tynmouth, with all the Works belonging thereunto, the Spanish Works, the Sheilds Field Fort, and all other Forts and Works on the North Side Tyne (other than is provided for in the Fifteenth Article), together with all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, unto such Forces or Persons as shall be appointed by both Houses of the Parliament of England, or by any by them thereunto authorized to receive the same.

12. That, for the more speedy Delivery and Receiving of the said Towns of Newcastle, and Castle of Tynmouth, the said Forces that are to be put into those Garisons are to march before the said Money and Convoy.

13. That, when the Scotts Army and Forces are marching out of, and the English Forces entering into, Newcastle, and Tynmouth Castle; and that there be Five hundred of the Garison appointed by both Houses of Parliament entered into Newcastle, and not above Five hundred of the Scotts Forces remaining therein; that Hostages shall then be given by the Kingdom of England to the Kingdom of Scotland, for Assurance that the latter One hundred thousand Pounds of the Two hundred thousand Pounds shall be paid unto the Kingdom of Scotland, on the North Side of the Works of Newcastle, within a Mile of the said Works, within Six Days after the Delivery of Newcastle, Tynmouth Castle, and Places aforesaid, in manner as aforesaid; in such manner as is expressed in the Seventh Article, for the Payment of the First One hundred thousand Pounds.

14. That, upon the Delivery of the said latter One hundred thousand Pounds of the Two hundred thousand Pounds, the Hostages of the Kingdom of England are forthwith to be re-delivered.

15. That, upon the Coming of the said latter One hundred thousand Pounds out of Newcastle, Hostages shall be delivered to the Kingdom of England by the Kingdom of Scotland, for Assurance that all the Scotts Armies and Forces shall march out of the Kingdom of England, within Ten Days after the Payment of the latter One hundred thousand Pounds; and that Berwick and Carlisle be slighted, according to the large Treaty, and not otherwise: And that the said Towns be quitted; and all Ordnance, Arms, and Ammunition therein, belonging to the Kingdom of England, be, within the said Ten Days, delivered unto such Forces or Persons, as shall be appointed by both Houses of the Parliament of England; or such as shall be by them, or any authorized by them for that Purpose, appointed to receive the same: Who likewise are appointed to see Berwick and Carlisle slighted, in manner as aforesaid; and are hereby authorized to call in the Aid of the Country for the doing thereof, as they shall see Cause.

16. That, within Four Days after the Scotts Army and Forces shall be marched out of the Kingdom of England, and the said Garisons of Berwick and Carlisle quitted, as aforesaid, the Hostages of the Kingdom of Scotland shall be re-delivered unto them.

Resolved, &c. That the Number of Hostages to be given shall be Six.

Resolved, &c. That it be referred to the Committee of the North, to meet this Afternoon, to consider of the Names of Twelve Persons, Six Knights, and Six Esquires, to be presented to the House To-morrow Morning, to take Six out of, for Hostages: And the Care of this Business is more particularly referred to Mr. Robinson and Mr. Tolson.

Discovery of Money.

Ordered, That the Ordinance, offered by Mr. Salwey, concerning a Discovery of about Three hundred Pounds, be read on Thursday Morning next.

Scotch Affairs.

Ordered, That the Scotts Paper, delivered in on Saturday last, be proceeded on, in the Consideration thereof, To-morrow Morning, the first Business; and no other Business do intervene: And that the Convenant be taken by such Members of the House that have not taken it, at Ten of Clock: And that Mr. Speaker do put the House in mind hereof, at Ten of Clock.

Oxford University, &c.

Ordered, upon the Question, That, on Friday next, the first Business, the Ordinance concerning the University of Oxon be read, and considered: And then the Committee do sit upon the Ordinance concerning Blasphemies and Heresies.

Navy Commissioner.

Upon Report from the Committee of the Admiralty, for Alexander Bence Esquire, a Member of the House of Commons, to be a Commissioner of the Navy, in the room of Captain Morris, deceased;

It is Resolved, &c. That this House doth nominate and approve of Mr. John Bence, Son of Alexander Bence Esquire, a Member of the House of Commons, to hold and execute the Place of Captain Morris, lately deceased; And that he have the like Allowance, in respect of the Execution thereof, as is granted to the rest of the Commissioners.

The Lords Concurrence to be desired herein.

Privilege-Reflection on a Member.

Mr. Hugh Forth, called in, says, That Sir David Watkins and Mr. Pennoyer came together to him, upon the Exchange; and Mr. Pennoyer told him, That Sir David Watkins told him, That a Member of this House should say, That, in regard of the tumultuous Coming-up of the Citizens to the Parliament, "it is fit that those Mechanicks should be quelled; and that the Army should be brought up to That Purpose." Sir David Watkins said, That the Member was Sir Jo. Evelyn of Wiltes; and that he heard, upon the Exchange, that he spake those Words.

Payment to Phipps.

Ordered, That Mr. Ashurst do bring in an Ordinance for ordering the Payment of Five hundred Pounds, out of the Marquis of Winton's Estate, to one Mr. Phipps; for the Payment whereof Sir John D' Anvers is bound together with the said Marquis, to the said Mr. Phipps.

Grant for Scotch Army.

Resolved, &c. That the Clause concerning the Fifteen thousand Five hundred Pounds to be returned to Newcastle, by Bill of Exchange as Part of the Two hundred thousand Pounds appointed to be sent to Yorke, shall be left out.

Resolved, &c. That Twelve thousand Pounds, Part of the First One hundred thousand Pounds, now ready, and appointed to be sent to Yorke, be paid to the Commissioners of Scotland, residing in or about London: And that a Receipt, under the Hands of the said Commissioners of Scotland, or any Five of them, shall be a sufficient Warrant and Discharge to the Treasurers, upon the Passing of their Accompts.

The Lords Concurrence to be desired herein.

Sir Henry Mildmay carried this Vote to the Lords for their Concurrence.

Ordered, That Colonel Venne do give Notice to the Treasurers, for the Monies that are appointed to be sent.

Answers from Lords.

Sir Robert Pye brings Answer, That the Lords will sit awhile: And, to the rest of his Message, will send Answer by Messengers of their own.

Sir Henry Mildmay brings Answer, That the Lords do agree to the Order carried to the Lords by him, concerning the Treasurers paying Twelve thousand Pounds.

Resolved, &c. That in the Fifteenth Article, the Words "and the Treaty for Berwick" to be left out.